New generation EU directives, sustainability, and the role of transnational coordination in Baltic Sea maritime spatial planning

Abstract The EU MSP Directive is an example of a so-called new generation directive, which gives Member States room for adaptation to national contexts. The main objective in this article is to identify and analyse potential obstacles to effective and efficient planning caused by the diversity among national MSP frameworks that the Directive's broad regulatory boundaries have led to. It is shown that planning approaches can differ substantially between neighbouring countries, which can make it challenging to coordinate across national borders. Divergence between national MSP frameworks can also emerge from how political, jurisdictional and, administrative systems and traditions are organised in different Member States. It is shown that neighbouring countries can diverge substantially in how the ecological, economic and social dimensions of sustainability are balanced, which can make transnational coordination challenging. Furthermore, it is shown that stakeholder consultations differ among Member States in terms of, for example, who were invited, how the consultations were undertaken, and the role they play in relation to political decision-making. Because of these, and other differences in how MSP frameworks are being developed in the Member States, it is suggested that regional integration should be promoted with discretion. From this perspective, it seems reasonable to embrace diversity, while simultaneously promoting the adaptive management of coordination problems at lower levels, when, or if, they emerge or can be foreseen. Thus, increased integration of national MSP frameworks should be viewed as an instrument to reduce concrete efficiency losses, rather than as an intrinsic good.

[1]  Ron Kwok,et al.  Report on the Blue Growth: Strategy Towards more sustainable growth and jobs in the blue economy , 2017 .

[2]  B. Hassler Coping and adaptation in socio-ecological problem structures : Towards an integrated framework for analyzing trans-boundary environmental problems in marine settings , 2015 .

[3]  I. Otto,et al.  Opening up knowledge systems for better responses to global environmental change , 2013 .

[4]  S. Happaerts,et al.  Environmental Policy and Politics in the European Union , 2016 .

[5]  Todd Sandler Global Collective Action , 2004 .

[6]  Ellen Mastenbroek,et al.  Reconsidering EU Compliance: Implementation performance in the field of environmental policy , 2018 .

[7]  Deborah Peel,et al.  The Social Re-construction of the Marine Environment: Towards Marine Spatial Planning , 2004 .

[8]  D. Liefferink,et al.  The EU Water Framework Directive: A multi-dimensional analysis of implementation and domestic impact , 2011 .

[9]  Vincent Onyango,et al.  Shared values for the marine environment – developing a culture of practice for marine spatial planning , 2018 .

[10]  Oliver Treib,et al.  Implementing and complying with EU governance outputs , 2006 .

[11]  Mark Rhinard,et al.  The transposition of European law in EU member states: between process and politics , 2010, European Political Science Review.

[12]  Geraint Ellis,et al.  From the Land to Sea and Back Again? Using Terrestrial Planning to Understand the Process of Marine Spatial Planning , 2012 .

[13]  Eva Thomann,et al.  Customizing Europe: transposition as bottom-up implementation , 2015 .

[14]  L. Crowder,et al.  Coming to the table: Early stakeholder engagement in marine spatial planning , 2012 .

[15]  A. Toller Measuring and Comparing the Europeanization of National Legislation: A Research Note , 2010 .

[16]  R. Coase,et al.  The Problem of Social Cost , 1960, The Journal of Law and Economics.

[17]  S. Jay The shifting sea: from soft space to lively space , 2018 .

[18]  W. Schrage Chapter 2. The Convention on Environmental Impact Assessment in a Transboundary Context , 2008 .

[19]  A. Morf,et al.  Collective action and agency in Baltic Sea marine spatial planning: Transnational policy coordination in the promotion of regional coherence , 2018, Marine Policy.