The implementation of EU environmental law : a focus on waste and nature protection in Malta

Abstract

The environmental acquis communautaire has been in constant evolution mainly due to successive European Union enlargements. Environmental policy is developing in order to deal with the current environmental challenges. In view of the Central and Eastern European Countries enlargement in 2004 and 2007, EU environmental policies have developed more rapidly. This research intends to identify how the environmental acquis related to waste and nature protection is being adopted and implemented in Malta. The law-making mechanism has not undertaken the environment in its entirety, but on the contrary has tackled it in a fragmented way. The outcome from the interviews held with national experts in the fields of waste and nature protection in Malta will be analysed from a law enforcement point of view. An analysis of the Maltese Authorities will be made in order to better understand how the structure can be improved and law enforcement agencies' can be effective. This is of particular importance as in both sectors of waste and nature protection there are quite a number of violations of the environmental acquis that are being summoned by the Maltese law courts. Enforcement of environmental protection through the judicial system encounters a number of cases related to the inadequate transformation from the system which has been established prior to joining the EU, to the quite recent establishment of environmental law in Malta. Malta had to adopt and implement the environmental acquis prior to EU accession, therefore with regards to the nature protection Directives, Malta could not negotiate their package and had to implement the Directives without any consultation. Though, with regards to the waste Directive, given that it came about in 2008, it would be interesting to note how Malta went about adopting and implementing this Directive. These two scenarios will be tackled in order to identify whether Malta has been successful in both the adoption and implementation of EU environmental acquis. Additional to this, the researcher will go a step further in analysing how Malta engaged in implementing the directives with regards to these two sectors and what mechanisms are in place to achieve the objectives laid down in the directives. The evidence gathered for Malta through interviews and reports, shows that Malta has encountered a number of challenges in adopting and implementing the environmental acquis. Whilst lack of human resources remains one of the main challenges given Malta's small size, we observe that on the whole, Malta is fairing relatively well when compared to other EU Member States.