Review of permits: the interplay between Article 11(5) of the Water Framework Directive and Article 1 of Protocol 1 to the European Convention on Human Rights

Víðir Smári Petersen and Flore Vavourakis

Chapter 7 in Research Handbook on EU Water Law, 2026, pp 89-111 from Edward Elgar Publishing

Abstract: This chapter focuses on a neglected aspect of the Water Framework Directive (WFD), which is the obligation of the Member States, under Article 11(5) of the Directive, to review and examine “as appropriate” relevant permits and authorisations when monitoring or other data indicate that the environmental objectives for the body of water are unlikely to be achieved. The chapter, in essence, has two parts. In the first part, we discuss how the obligations under Article 11(5) should be interpreted to describe (1) when the Member States should perform reviews and examinations, (2) what types of permits they should review and examine and (3) what the review and examination can entail. In the second part, we discuss how and to what extent permits can be reviewed without unlawfully infringing the property rights of permit holders. The content of property protection is examined through the lens of the case law of the European Court of Human Rights. On a general level, it is important to strike a fair balance between the property rights of permit holders and the environmental objectives of the WFD. The examination of the case law demonstrates that legal certainty requires a certain level of stability, but not stagnation. The Member States should therefore focus on good governance when reviewing permits and must know that there is often significant leeway to review permits in a proportionate manner without paying compensation.

Keywords: Ownership of permits; Legitimate expectations; Changing circumstances; Permit review; Proportionality; Good governance (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035336425
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