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La protection intégrée des eaux souterraines en droit de l'Union Européenne

Abstract : Because groundwater, which represents 98% of the liquid freshwater on Earth, is vital, of particular benefit due to its special properties, but, often, especially vulnerable, in the long term, to the unceasing degra-dation caused by the anthropogenic era, it should be the subject of a regulation that would express the whole meaning of the “high level of protection of the environment” required in the European Union primary law. The integrated management of water resources management (IWRM) implemented by the EU should therefore, for this water, strive for a higher stage of preservation of a singularly fragile underground environment, through a sharper distinction between the concepts of integrated “management” and “protection”, according to the intensity of preservation they would respectively imply. Via such an evolution from integrated management to protection, the latter becoming an autonomous framework of action, the EU law would adopt a different position on the balance between economic interests and ecological necessities. This strengthening of the relevant secondary law must rest on, first and foremost, a new apprehension of groundwater, in the water framework directive and the directive 2006/118/EC, beyond a conception too perfunctory to comprehend the richness of it, otherwise it won’t be fully protected. So, without prejudice to the unity of water law, specific adjustments should be provided for, concerning ground waters, insofar as their dynamics may significantly differ, in time and space, from those of surface water. Since ground waters can’t be separated from its receptacle (soil and subsoil), its integrated protection would demand in addition to transcend the borders of the sectoral water policy and to go beyond the integration as we know it in the current IWRM, which doesn’t erase contradictions between sectoral policies. Thus has to be carried on the improvement of the coherence between relevant politics (environment, agriculture, industry, energy…), in order to build a complete protection of the underground environment. A new framework where would be mobilized all involved actors, converging towards this purpose thanks to more appropriate mechanisms.
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Submitted on : Tuesday, March 7, 2017 - 10:35:05 AM
Last modification on : Thursday, January 14, 2021 - 1:20:50 PM
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  • HAL Id : tel-01484318, version 1


Adrien Bodart. La protection intégrée des eaux souterraines en droit de l'Union Européenne. Droit. Université Rennes 1, 2016. Français. ⟨NNT : 2016REN1G026⟩. ⟨tel-01484318⟩



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