Brexit Paper 28: Environmental Law & Regulation

‘Enforcement of the ‘level playing field’ after UK withdrawal from the EU: The loss of the EU Commission as regulator in environmental law and other areas

1. A critical issue in the negotiations over a future relationship between the UK and the EU after any transition/implementation period will be the maintenance of a ‘level playing field’ of regulation to ensure that free trade can be preserved between the UK and the EU. The EU will want to ensure that the UK commits to maintaining high standards across a range of areas, notably environmental law, employment law and regulatory law more generally.
2. This paper examines these questions in the field of environmental law before making some more general comments on the wider issues for UK law and regulation. The main issue is the extent to which national regulatory authorities can replicate the international supervisory role currently played by the EU Commission (the Commission) within the EU legal order … click here to read more