Environmental Legislation Essay Example | Topics and Well Written Essays - 1000 words

Environmental Legislation - Essay Example To critically examine this concept in order to reach an acceptable conclusion of the essay. However, there is need to know exactly what the Subsidiarity concept means not only in a European union perspective but a global perspective as well. Subsidiarity as a principle states that matters need to be handled or addressed by the smallest or lowest(in case of an hierarchical order) competent authority on any given field(Bernie, P. & Boyle, A., 2002). By applying the Subsidiarity principle, we mean that any central authority or government needs to have subsidiary functions performed by officials who are closest to the root problem. This rule however does not overlook the role of a superior authority as long as the superior authority can perform the task more effectively and efficiently at the local level. Subsidiarity is the guiding principle for defining the boundary between Member State and EU responsibilities. If the area concerned is under the exclusive competence of the Community or the Member States, the question does not arise. If instead the competence is shared between the Community and the Member States, the Subsidiarity principle clearly establishes a presumption in favour of devolution. In other words, only if the lower decision-making level (local, regional, national) cannot act sufficiently and effectively, can the Union take action With this respect, the European constitution presently being ratified will provide for the enhancement of the Subsidiarity principle. This will be particularly be done by a means of an outright obligation by the established institutions of the union to directly inform the national governments of all member states, at each and every stage of the legislative process. This will be aimed at restoring the faith within the union as well as being a means of bringing member states closer to the drawing board. On top of this the there will be the establishment of an early warning system. This system will assist in commanding respect for the Subsidiarity principle since it will enable parliaments of all member states to request the commission to review any piece of legislative proposals if the member state feels that it violates the Subsidiarity principle. CRITICAL EXAMINATION OF EU SUBSIDIARITY CONCEPT: The major objective of the European environmental policy is to protect, improve and preserve environmental quality. In addition to this it is also geared towards the protection of human life, with these tasks at stake it also has to ensure that natural resources are utilized sustain ably. It also seeks to enhance international measures to combat environmental problems both regionally and internationally (article 174 of the European commission treaty). For example, a legislation may be passed designed to set allowable levels of emissions or pollution whether water or air pollution (bell, 2006). Other environmental laws and legislations are designed for a preventive role. These types of laws seek to assess and analyse the possible impacts of human activities and devise means to avoid such activities ever-taking place on legal grounds. Environmental law emerged as a distinct system in the 1960s in some of the major industrial nations like the U K, France