The Programmatic Approach: Finding the Right Balance between the Precautionary Principle and the Right to Conduct a Business

Journal for European Environmental & Planning Law, vol. 17, pp. 76–98

Abstract

This article aims to assess whether a programmatic approach could still be a useful legal instrument for the allocation of scarce environmental rights and a legitimate tool for implementing EU Directives. In response to the recent judgment of the Court of Justice of the European Union (cjeu) in the Dutch Programmatic Approach to Nitrogen case, 1 we will examine under what conditions a programmatic approach could be compatible with the precautionary principle and the freedom to conduct a business as protected by EU law. These principles are inextricably linked, and the Member States and the cjeu must find a balance between a high level of environmental protection and the freedom to conduct a business.

Authors 2

1. Rogier Kegge corresponding Aachen

   Leiden University

   Affiliation as printed

   Assistant professor of Administrative and Environmental Law Leiden University, the Netherlands, r.kegge@law.leidenuniv.nl

2. Annemarie Drahmann corresponding Aachen

   Leiden University

   Affiliation as printed

   Associate professor of Administrative and European Law Leiden University, the Netherlands, a.drahmann@law.leidenuniv.nl