THE LEGAL TRANSITION TOWARDS SUSTAINABLE MATERIALS MANAGEMENT IN EU ENVIRONMENTAL LAW – IS THE EU ON THE RIGHT TRACK?

The European Union (EU) is experiencing a transition towards the Sustainable Material Management. Changes are necessary to break down strong path-dependencies and lock-ins. Policy and legislation play important roles in this.... [ view full abstract ]

The European Union (EU) is experiencing a transition towards the Sustainable Material Management. Changes are necessary to break down strong path-dependencies and lock-ins. Policy and legislation play important roles in this. A variety of constructive policies has been launched in the past fifteen years that form the basis for legislative action. Despite numerous fruitful attempts to adjust particular laws, legislation is still lagging behind policy. Nonetheless, several developments in law-making and legislation can be identified that enhance the legal transition: a strategic approach is being adopted, the better law-making programme is intended to create coherence and simplicity, and the entire life-cycle of a material is increasingly emphasized. Especially the latter development needs to be advanced to get the transition going. In this regard, opportunities lie in the alienation of legislation, the integration of policies, the broadening of scope of laws and the introduction of novel concepts into the legal framework. All things considered, the EU has just started its legal transition.