In addition to the constitutional arguments on the distribution of power, there are sharp political differences. The current Scottish Government favours “dynamic alignment” with the EU, while maintaining existing standards and respecting developments in the EU (so that an independent Scotland can join the EU). Footnote 18 This is in stark contrast to the British government`s desire to “take back control” and to have carte blanche to raise or lower standards as it sees fit (or in light of trade agreements with other partners). Another complication is the specific provisions applicable to the island of Ireland. This means that Northern Ireland is legally bound to a dynamic alignment with the EU because of its unique position under the withdrawal agreement which maintains its links with the EU customs union and the internal market. As a result, there are significant tensions about the future direction of environmental regulation. During the UK`s eu membership period, its environmental legislation was reorganised and EU action played a leading role in this transformation. The law on air pollution, waste, water resources, the protection of nature, noise and many other things are now mainly found in European directives and in national legislation introduced for this purpose. It was quickly recognized that it was not possible to remove all EU and EU-based measures from the British legal system or to start from scratch with new national regulations in each area. The whole point of the EU`s supranational character is that European legislation is not separate from the national legal system, but is deeply integrated into national legal systems in different ways and that the extraction of EU elements has simply not been possible. Now that the “second reading” of the law is complete, the bill goes to committee – where every clause and amendment can be discussed. For the IES, it will monitor, on its own initiative or as a result of complaints, the effectiveness of environmental legislation, its implementation and compliance with environmental legislation by the authorities.
Its follow-up focuses on the review of the implementation of international commitments (which, as part of the United Kingdom`s dualist approach, only create legal rights and obligations if and if they are adopted by parliamentary legislation). The SSE will be empowered to prepare an improvement report if it finds that it is not complying with environmental legislation, that it is effectively implementing or implementing environmental legislation. In response to such a report, Scottish ministers must develop an improvement plan outs setting out the measures to be taken, the timetable and the monitoring rules. This plan must be submitted to Parliament and may be rejected, so a revised plan must be developed. In the event of non-compliance with the law that causes damage to the environment or poses a risk of damage, the NTS may issue a notification of compliance requiring the relevant authority to take corrective action. The authority may file an appeal against a Notice of Compliance in the Sheriff`s Court. If the authority does not comply with a notification without appropriate apologies, the matter may be referred to the Court of Justice, which may order new enforcement action and treat the omission as non-compliance with the court, paving the way for significant sanctions. In serious cases, the IES may also apply for judicial review. The increase in volatility resulting from the EU`s transition to UK legislation also raises a constitutional question for devolved administrations. Within the EU, they had to comply with EU law, but this was done through a formal, open and consensual process.