Alexandra Aragão

‘Gold Plating’ of European Environmental Measures?

Minimum harmonization in European environmental law essentially means that the Member States have the power to lay down more stringent standards in this area of regulation than those laid down by European legislation. However, there are indications which seem to suggest that Member States make very little use of their powers to lay down or maintain more stringent national standards. The general question to be dealt with in this paper is whether Member States actually use their power to lay down or maintain more stringent environmental standards after European harmonization. Based upon the papers and discussion at the meeting of the Avosetta Group of European Environmental Lawyers in Monção (Portugal), 6 and 7th February 2009, this paper aims to paint an impressionist picture of the contemporary practice of gold plating (or not) in the Member States.

Water Pricing and Cost Recovery in Water Services in Portugal

The European water directive forced the Member States to rethink the regulation of water services. Water pricing is now guided by the cost recovery principle. The costs to take into account are manly the environmental and resource costs, but also the financial ones. Portugal was no exception. The evolution from a heavily subsidized activity to a business bound by the polluter pays principle required fast changes and a somewhat difficult adaptation both of economic agents and households.