National discretion or broadening acceptable interpretation? A comparative overview of the transposition and implementation of the Water Framework Directive

Abstract

European Union (EU) directives must be transposed into national systems and effectively implemented by all Member States. Differences between national legal systems are an inevitable reality when implementing EU law. Variations in the transposition and implementation of directives can lead to significant differences in the regulatory environment. This article discusses the variations in the transposition and implementation of the EU Water Framework Directive (WFD) in Austria, Finland, Germany and Sweden. What all the analysed Member States have in common are efforts to find ways to comply with the stringent requirements of the WFD. As Member States aim to achieve the requirements of the WFD, they simultaneously appear to look for ways to broaden acceptable interpretations of the WFD requirements to accommodate the national context. This article identifies and examines the different instances where such broadening of interpretation of the WFD has taken place in the four Member States.