The Water Framework Directive and Spatial Planning in Sweden - Time for Legal Integration!

• Spatial planning activities plays a crucial role in the implementation of the EU Water Framework Directive (2000/60/EC) (‘WFD’) and the achievement of its environmental objectives. In Sweden, spatial planning is regulated foremost through the Planning and Building Act (2010:900) (‘PBA’). In this article, the lack of external integration of the integrated planning and adaptive water management system of the WFD into Swedish spatial planning law is addressed, and necessary legislative changes are discussed. The obligations for the municipalities in this regard are analysed in the light of our general legal obligations under EU law, particularly as interpreted by the Court of Justice of the European Union (‘CJEU’). In Weser, the WFD’s environmental objectives, including the obligation to prevent deterioration, were declared as legally binding in each stage of implementation. This entails that in each decision-making situation, including spatial planning decisions or local building permits that might have adverse impact on the aquatic environment, the WFD environmental objectives must be complied with. However, the result reveals a clear lack of legal integration between the freshwater governance system and the legal framework for spatial planning in Sweden. As a consequence, water quality aspects are at great risk of being ignored in planning activities at the local or regional level, making the WFD’s environmental objectives significantly more difficult to achieve under the current legal framework.

Ämnesord

SAMHÄLLSVETENSKAP  -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law (hsv//eng)

SAMHÄLLSVETENSKAP  -- Juridik -- Juridik och samhälle (hsv//swe)

SOCIAL SCIENCES  -- Law -- Law and Society (hsv//eng)

Nyckelord

Law

Rättsvetenskap

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vet (ämneskategori)

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