The UK and Germany’s legal approach to air pollution – a functionalist comparative analysis.

Authors: Millie Anstee & Naomi Doffing

Abstract:

In this paper, a comparative law approach is used to analyse how UK and German law respond to the issue of air pollution. Firstly, the sources of law connected to the legal approaches are laid out, particularly regarding the NEC Directive 2016/2284/EU. Once juxtaposed, a functionalist type II comparison is used to examine how German and UK law approach air pollution, and how they seek to comply with international goals, especially those in the NEC Directive. It is concluded that, despite differences in legal family, Germany and the UK share a considerable amount of similarities when it comes to air pollution law. Both states implemented the targets of the NEC Directive into national legislation while also producing legislation to establish responsibility of various bodies to reduce air pollution, monitor emissions and effects, and adhere to EU limits. Legal structures underpinning environmental law of the two states differ; in Germany, a civil law state, codified statutes play a significant role in the application of law, whereas in the UK, a common law state, case law is of primary importance. This paper finds the EU to be the primary force drawing the legal systems together, yet the differences found are unsurprising due to the pre-existing legal systems and cultures. It is left open as to how the UK will act without the EU’s oversight and legal forcing to attain its target values and limits, potentially retaining the EU’s influence for a long time to come.

Journal: The Journal of Health, Environment, & Education

Volume: 14

Pages: 24-33