The EU Legal Framework on Transboundary Air Quality and Pollution: Exploring the Mismatch between Transnationality in Legislation and Its Use in Practice

Abstract

The point of departure of this contribution is the observation that air pollution does not stop at borders. Therefore, both at the international and EU level, frameworks of cooperation among Member States have been set up by the legislators. Such cooperation is an example of a transnational element existing in environmental law. This article more specifically analyses the transnational elements present in two EU Directives regulating air quality: Directive 2008/50/EC on ambient air quality, and Directive 2016/2284/EU on national emission ceilings. This analysis shows the possible transnational avenues at Member States' disposal to further enhance air quality. This article furthermore delves into the question of whether Member States use these tools in practice, by looking at cooperation among regions in Belgium and France as a case study. Accordingly, this article identifies a mismatch between the transnational cooperation opportunities identified in the legislation, and the very little use of such opportunities in practice.