Science and law in environmental law and policy: the case of the European Commission

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Abstract

This article draws on empirical research conducted with European Commission officials in three Directorate-Generals (DGs) and its other services on their perception of how the legislative and policy-making process facilitates the interaction of science and environmental law. This article deploys Sheila Jasanoff’s theoretical framework of co-production as an important lens to examine how the European Commission creates this interaction of science and law in environmental policy-making and identifies how the Commission incorporates different voices and stakeholders in this policy area. The Commission can be seen as a vehicle of co-production of science and law in EU environmental policy by building strong expert identities, putting in place institutional processes and instruments and creating discourse between scientists and lawyers leading to outputs of co-production. It is argued that in actively facilitating co-production, the Commission underpins the legislative and policy-making process with its institutional values.

Details

Original languageEnglish
Pages (from-to)263-295
Number of pages33
JournalTransnational Environmental Law
Volume9
Issue number2
Publication statusPublished - 10 Jul 2020

Keywords

  • European Commission, co-production, Jasanoff, environmental law and policy, interaction of science and law