德国环境法法典化失败原因探究

Probe into the Causes Why the Codification of German Environmental Law Failed

环境法典作为联邦德国16届立法周期的"灯塔式引领性项目",在消除了联邦与州对于环境立法权的分歧后,仍然没有逃脱立法失败的厄运,核心阻力源于一体化预案许可证制度的推进。除了联邦制政体的局限性、部分政党和地方政府缺少改革意愿和短视的区域闭锁政治外,环境法典的编撰已经不能为现行环境法律提供立法收益是法典化失败的根本原因,而现阶段审批手段在不断改进后更加灵活,这也使得一体化审批制度丧失了竞争优势,制度设计本身的激进也成为德国环境法典的重要瑕疵。

Environmental code, as the ＂lighthouse-like leading project＂ of the Federal Republic of Germany in the 16th legislative cycle, failed to escape the doom of legislation, after the elimination of differences be- tween the federal and state, and the core resistance lies in the approaching permit system of integrative plan.In addition to the limitations of the federal system of government, a part of the political parties and local govern- ments are unwilling to reform and carry out their short-sighted and closed regional politics.The basic causes of codification failure remain that environmental code compilation cannot provide enough legislative benefit for current environmental laws, and at current stage, more flexibleexamination and approval means makethe inte- gration of examination and approval system lose its competitive advantage, so the radical design of the system itself has become the critical defect of Germany environmental code.