Transnational law and environmental governance : new directions for the independent European Environment Agency : a strategic transnational concept

Abstract

This Thesis revitalises the transnational European Environment Agency (EEA) as part of a new concept, the strategic transnational concept. The strategic transnational concept represents a third level of EU integration, which is neither supranational nor loose cooperation among national agencies. It supplements the traditional Community Method in the development of law by involving the dynamics of the EU agencification process and the global trends of transnational governance and cooperative law. It addresses the complexity of environmental regulation by generating cognitive norms as an outcome of networking and strategic diversity management, deliberation, learning processes and knowledge sharing. The strategic transnational concept relates to EU experimental governance and the Open Method of Coordination (OMC). However, the concept adds a structured and coordinated transnational process and also ensures linkage to the EU integration process. This implies a new autonomous role of the EEA focusing upon strategic management and structures for deliberation. Currently, the EEA framework provides limited support for such role. The overall mandates and objectives of the Agency need clarity. The EEA Regulation lacks democratic legitimacy as deliberation beyond the participation by the Commission and the Member States is limited. A fundamental obstacle relates to the mismatch of applying a horizontal transnational structure within the overall vertical and supranational EU framework. Nevertheless, when the dual approach is well employed the hybrid function of the EEA may productively serve as a focal point anchoring 'soft' EU transnational management within 'stronger' EU regulatory processes. The strategic transnational concept relates to the expansive global agenda of the EU. As a 'global hybrid', the EEA anchors the EU to the emerging global transnational governance. Also, the global dynamics of the concept and the leading role of the EEA facilitate distribution of legal and administrative capacity needed for managing diversity and legal pluralism caused by globalisation.