The programmatic approach in environmental law: towards a legal design in the European Union and the Netherlands that pursues sustainability

Fundamental changes to the traditional type of environmental law are necessary to counteract the complex, long-term challenges that humankind faces, most notably climate change and biodiversity loss. In the search for a pathway towards a sustainable relationship between humankind and the environment, numerous approaches have been developed and researched.

The programmatic approach is positioned in this dissertation as the holy grail to bring about the necessary transition towards sustainability. However, as a prerequisite to be successful, a specific legal design regulating this approach is necessary. The research included in this thesis contributes to the development of an optimal legal design by studying the European Union environmental directives regarding air quality management, nature conservation and general water quality management, and their implementation in the Dutch Environment and Planning Act (Omgevingswet).