Suchergebnisse

In Flanders, the Government has recently established an innovative policy framework to preserve the water storage capacity in flood-prone areas. In this context, the concept of 'Signal Areas' (signaalgebieden) has been created. These areas are still undeveloped areas with a hard planning destination (residential and industrial areas) located in flood-prone areas. The framework outlines in what way one needs to deal with the flood risk in these areas. The intention is to work with tailor-made solutions for each separate area. For this purpose, a comprehensive tool-box is available, such as land reparcelling, spatial destination or zoning swapping (bestemmingsruil), regulations regarding appropriate construction methods and land use in urban planning regulations or in public utility servitudes, and the application of a sharpened Water Test. The final objective is to create an efficacious, area-oriented adaptation strategy for climate-proof spatial planning. In this contribution, the author will provide an insight into the legal design of the above-mentioned concepts and instruments, how they can contribute to a stronger linkage between water management and spatial planning and therefore to a solid climate change adaptation strategy, as well as the factors of success and failure of this new policy framework.

In Flanders, the Government has recently established an innovative policy framework to preserve the water storage capacity in flood-prone areas. In this context, the concept of 'Signal Areas' (signaalgebieden) has been created. These areas are still undeveloped areas with a hard planning destination (residential and industrial areas) located in flood-prone areas. The framework outlines in what way one needs to deal with the flood risk in these areas. The intention is to work with tailor-made solutions for each separate area. For this purpose, a comprehensive tool-box is available, such as land reparcelling, spatial destination or zoning swapping (bestemmingsruil), regulations regarding appropriate construction methods and land use in urban planning regulations or in public utility servitudes, and the application of a sharpened Water Test. The final objective is to create an efficacious, area-oriented adaptation strategy for climate-proof spatial planning. In this contribution, the author will provide an insight into the legal design of the above-mentioned concepts and instruments, how they can contribute to a stronger linkage between water management and spatial planning and therefore to a solid climate change adaptation strategy, as well as the factors of success and failure of this new policy framework.

Private law in Europe has undergone a significant transformation during the last two decades. From a branch of law that was scarcely affected by EU legislation, it has become the object of considerable harmonisation measures to facilitate free trade and protect European citizens. Simultaneously, there has been an increased attention for 'better regulation' in the EU. The efforts of the European Commission to improve regulatory quality and to reduce administrative burdens for industry have promoted a regulatory environment in which formal intervention is more limited and self–regulation and co–regulation have emerged as alternatives. The University of Maastricht organized a workshop on 'Smart Regulation of European Private Law' in January 2013 with the aim to assess how the Smart Regulation agenda has shaped/can shape European private law; investigate the contribution of different methodological approaches to achieve 'smart regulation'; and explore opportunities and threats for European private law, in particular in respect with developments in self–regulation and co–regulation. This report shortly summarises the discussions.