Ecological Status as a Legal Construct-Determining its Legal and Ecological Meaning

摘要

The Water Framework Directive is innovative in EU law, and the informal role of the Common Implementation Strategy (CIS) guidance documents makes the Directive's regulative space complex. This analysis raises questions about the legitimacy of interpretative elements found in CIS guidance. The CIS interpretations seem to result in only one element of 'ecological status' being assessed (structure, and not functioning), generally weakening the obligation of 'good ecological status'. Using ecological knowledge in guidance that contradicts the main legal construct on which it is based raises questions about the CIS, and also the 'legal effect' bar established by the Court of Justice, as the CIS may produce guidance documents to the Directive that alter the legally binding objective, although not providing enough legal effects for a review.