European Commission proposal for a Soil Monitoring Law

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The document defends the European Commission's proposed Soil Monitoring Law (SML), asserting that EU-level action is necessary because approximately 60-70% of EU soils are unhealthy and national frameworks are insufficient. It argues that the proposal respects the principle of subsidiarity as the objectives cannot be achieved by Member States alone, and the principle of proportionality by using a Directive format that allows for national flexibility.

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  • The proposed Soil Monitoring Law (SML) aims to create a soil monitoring framework for all EU soils to achieve healthy soils by 2050.
  • EU-level action is justified under the principle of subsidiarity because soil degradation is widespread and most Member States lack national legal frameworks to address it. Furthermore, an estimated 60-70% of soils in the EU are not healthy, and existing national monitoring systems are fragmented and lack harmonisation.
  • The proposal adheres to the principle of proportionality by taking the form of a Directive rather than a Regulation, which allows Member States to maintain flexibility and account for local soil specificities.

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APA
ClientEarth (2023). European Commission proposal for a Soil Monitoring Law. https://www.clientearth.org/media/ihwpylh4/soil-monitoring-law-proposal-technical-briefing-on-the-principles-of-subsidiarity-and-proportionality.pdf
Chicago
ClientEarth. European Commission proposal for a Soil Monitoring Law. 2023. https://www.clientearth.org/media/ihwpylh4/soil-monitoring-law-proposal-technical-briefing-on-the-principles-of-subsidiarity-and-proportionality.pdf.
Wikipedia
{{cite report |author=ClientEarth |title=European Commission proposal for a Soil Monitoring Law |date=November 2023 |url=https://www.clientearth.org/media/ihwpylh4/soil-monitoring-law-proposal-technical-briefing-on-the-principles-of-subsidiarity-and-proportionality.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{clientearth2023european, author = {{ClientEarth}}, title = {{European Commission proposal for a Soil Monitoring Law}}, institution = {ClientEarth}, year = {2023}, month = nov, url = {https://www.clientearth.org/media/ihwpylh4/soil-monitoring-law-proposal-technical-briefing-on-the-principles-of-subsidiarity-and-proportionality.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }

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