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The use of science in EU environmental decision-making: a measure of legitimacy in environmental regulation
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Date
2024
Authors
Jennings, Rhoda
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Publisher
University College Cork
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Abstract
This thesis investigates the role of science and scientific evidence in EU environmental law. It examines the practical interaction and relationship between science and the formulation and application of environmental law. In so doing, it takes a legal regulatory approach to exploring the science-law interface.
The research goes beyond viewing science as a component of evidence-informed policy. It explores whether, and to what extent there is a legal obligation to use scientific evidence in the formulation of EU environmental policy and legislation. This is carried out through an examination of the role attributed to science under the Treaty on the Functioning of the European Union, and by exploring the normative role of science as a source of legitimacy in environmental decision-making.
The thesis adopts a practical approach to investigating the role of science in environmental law. It develops a a typology of the primary EU science advisory bodies that assist the Commission in its work, and feed into pre-legislative debate. It carries out case studies on ambient air pollution and nature conservation legislation, tracing the use of science in the formulation and application of the law, from the travaux préparatoires to the adoption of the final legislation, and the interpretation of the law by the Court of Justice of the European Union.
The research consolidates the exploration of the normative role of science in EU environmental legislation and policymaking, with the actual role of science, by drawing on the concept of legitimacy to develop an analytical framework. This framework is used to discuss more precisely how science is used in the formulation of legislation, and the consequences for the legitimacy of the legislation.
The research indicates that there is a wealth of high-quality science advice in the EU. Shortcomings in the regulatory structure of the science-law interface, however, serve to undermine the functional benefits of science. The thesis proposes preliminary methods for enhancing the use of science in EU environmental decision-making.
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Keywords
Environmental law , Science , European Union , Evidence-informed policy , Environmental policy , Environmental regulation , Science advisory bodies , Science advice , Nature conservation , Habitats Directive , Nature restoration , Air pollution , Ambient air quality , Judicial interpretation , Legitimacy , Process legitimacy , EU Treaty law , Co-production , Co-creation , Knowledge broker , Science for policy
Citation
Jennings, R. 2024. The use of science in EU environmental decision-making: a measure of legitimacy in environmental regulation. PhD Thesis, University College Cork.