Spanish environmental legislation and the implementation of Directives 85/337/EEC and 97/11/ EC on environmental impact assessment (EIA); an analysis of the main factors that influence the effectiveness of EIA in Spain, those factors being characterised as either internal (that is, inherent in legislation) or external, that is, other factors, which can vary from political to social issues. A comparison between the theory and the practice; and an assessment of the likely efficacy of the amended EIA Directive in Spain.
Conclusion that certain failings are caused by failings in the text of the EIA Directive itself; although certain national legislative mechanisms in Spain have gone beyond the terms of the Directive, EIA in Spain is a politicised and arbitrary process and legislation is not usually respected, leading to a high proportion of unsatisfactory EIA and irregular implementation.
European Energy and Environmental Law Review