Critical legal analysis of the national implementation of the Water Framework and Groundwater Directives: Lessons from the GENESIS project

The GENESIS project aims to assist with the selection of sustainable cost-efficient measures and management strategies for the achievement of good quantitative and chemical groundwater status in an uncertain environment. This paper addresses the legal and institutional contexts for the implementation of the water framework and groundwater directives. Through detailed analyses of legislation, institutional frameworks, case law, policy and financial incentives, the project examined three regions in detail, identifying gaps in existing implementation efforts. It makes preliminary recommendations on scientific practice that might enhance implementation. Based on these detailed analyses, and broader examinations across other member states, a number of conclusions were reached:
o Management of diffuse pollution is generally problematic;

o ecological quality standards are integrated inconsistently;

o monitoring capacity and legal requirements sometimes diverge.

o Mismatches exist between stakeholder preferences and legal requirements regarding ecological protection;

o Conflicts of interest may affect implementation, e.g. through financial incentivisation and subsidy programmes.