Public environmental law in the Netherlands

In this contribution we will address the following issues. In § 1 we will provide a brief introduction to the Dutch legal system (especially with regard to the Dutch Constitution and the General Administrative Law Code). In § 2 we shall discuss several legal bases for environmental protection (such as the Constitution, the Environmental Management Act and Environmental Principles). We continue, in § 3, with an overview of the main legal instruments of environmental policy (starting off with three types of regulations, then with instruments such as the duty of care, planning, quality standards, permits and general rules, et cetera). In § 4 we address the matter of public participation and legal protection (especially with regard to permits and enforcement-acts). The aspect of enforcing environmental law is discussed in § 5, at which point three types of enforcement (administrative, civil and penal) are presented separately. Finally, in § 6, we will present some conclusions on Dutch environmental law (in the light of recent and future developments).