Thesis-Anne-Vos-Masters-SBR-and-EU-Law-3

problems will be signalled with regard to the discussed EU and Dutch regulation. These problems
will later on be used when reviewing the regulation on shale gas with the principles.
Next, the relevant general principles and environmental principles will be set forth (Chapter 5).
First, some comments will be made on general principles and environmental principles in general,
after which they will shortly be compared. Then, with regard to both types of principles, a selection
is made of the principles that could really have an impact on the current and upcoming regulation
on shale gas extraction. Regarding the general principles of Union and Dutch law, the principles of
subsidiarity, decentralisation, transparency, participation and integration are chosen to elaborate
more in depth. These principles are not environmental in nature, but can inter alia serve to address
some of the issues concerning the acceptance of shale gas extraction. Regarding the
environmental principles of Union and Dutch law, two principles are selected: the precautionary
and prevention principles. These principles are able to review some of the environmental concerns.
At last, the concept of sustainable development will be set out, which overlaps with some of the
principles but also adds something to the discussion.
Finally, it will be assessed whether the current and upcoming regulation on shale gas extraction is
in compliance with the general principles and the environmental principles of Union and Dutch law
(Chapter 6). Here, the current and upcoming shale gas regulation, as set out in Chapters 3 and 4,
will be reviewed with the principles set out in Chapter 5. When assessing these regulations, special
attention will be paid to the problems pointed out at the end of Chapters 3 and 4.
After the answering of all these questions, an answer will be formulated on the main research
question (Chapter 7). This will mainly be a recap of what is already discussed in the prior chapters.
It will be set out per general and environmental principle whether the current and upcoming
regulation on shale gas extraction in the EU and in the Netherlands is in compliance herewith.
Moreover, final conclusions will be made with regard to the mentioned problems of the current or
upcoming regulation (at the end of Chapters 3 and 4), whereby it will be discussed per problem
how certain principles might address them. In addition, some recommendations will be made.
These recommendations will concern the question how those principles should be taken into
account when developing new or adjusting current regulation thereon.
1.3 Research method
The used methods for answering the research question are mainly literature and case-law. For the
environmental concerns and issues, many studies of the EU, the International Energy Agency and
others have been used. For the prevailing concerns and insecurities of the public, many news sites
and official documents of the EU and the Dutch parliament have been consulted to get a good
insight on the public opinion.
With regard to the chapters on the current and upcoming regulation, mostly literature, articles and
again official documents have been checked to get a full overview on the regulations. For the
chapter concerning the general (environmental) principles of Union and Dutch law, as for their
general discussion and comparison, mainly literature is consulted. Subsequently, for the discussion
of the individual principles, the case law of the Court of Justice of the EU and the Highest Dutch
Administrative Court (the Afdeling bestuursrechtspraak van de Raad van State) is primarily used.
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