New Directions in European Community Water Law: Towards a (Quiet) Revolution?

First Reflections on the Proposal for a “Directive Establishing a Framework for Community Action in the Field of Water Policy”

Abstract

The existing Community Water Law suffers from shortcomings that justify the drafting of the Proposal for a “Directive Establishing a Framework for Community Action in the Field of Water Policy.” A preliminary analysis of the scheme highlights the ambition of its objectives, which amount to a revolution in the behaviour of the relevant social actors in their relationship with the environmental good of water. The proposed framework undeniably contains important merits, which this study seeks to identify. At the same time, the doubts and criticisms raised by the new legislative instrument are also examined. Finally, some of the consequences that the regime, if adopted, will inevitably entail for the Portuguese legal order are considered.