The latin phrase found in the work of the Roman poet Juvenal translates as ‘Who will guard the guards?’ Looking closely at the Draft Environment (Principles and Governance) Bill 2018, it was as though someone asked that question but in relation to the Government and environmental legislation post Brexit.
The Environment Bill aims to:
Establish a new system of green governance
Improve air quality
Restore and enhance nature
Improve waste management and resource efficiency
Improve surface water, ground water and waste water management
Depending on the sort of Brexit that happens, then the current environmental principles underpinning environmental legislation and policy-making, as well as the mechanisms that ensure compliance with environmental law, will no longer apply. Before Brexit, the EU Treaties and the European Commission can take action if it considers that EU law is not being properly implemented by referring cases to the Court of Justice of the European Union (CJEU) where necessary.
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