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Resolving problems of fragmentation of environmental protection in European Union law? An analysis of life-cycle thinking in product regulation
Panel: Presentations
Author:
Maitre, E. Department of Public Law, University of Oslo, Norway
Abstract
Fragmentation of products’ regulatory framework in the European Union (EU) hinders environmental protection. The emergence of an EU Integrated Product Policy sought to address this issue, putting forward the need to adopt an approach encompassing the whole life cycle of a product. Effective preservation of the environment against harmful effects of products implies adopting such a comprehensive approach. How the law can take up this method to limit the inconsistency arising from a fragmented background is the focus of my analysis. This paper starts with defining certain key concepts pertaining to the life cycle of products and the concept of Life-Cycle Thinking (LCT). The EU took up the idea of LCT in its product policy, putting forward the importance of taking into account the whole of products’ life cycle in an integrated manner. It also made policy recommendations aiming notably at enhancing the coherence of the EU regulatory framework. Indeed, product regulation is marked by problems of fragmentation, whether horizontally, through a variety of objectives, or vertically, due to the multi-level governance system of the EU. An analysis of three directives regulating different stages of products’ life cycle shows how the introduction of LCT addresses only partially the issue of fragmentation. This paper concludes with recommendations aiming at strengthening the role of LCT in product regulation to reduce fragmentation, and thereby limit environmental damages caused by proPaper
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