Equal distribution of burdens in flood risk management: The application of the 'égalité principle' in the compensation regimes of the Netherlands, Flanders and France

Abstract

Flood risk management is an eminent example of a policy field in which the distribution of burdens and benefits takes place. Flood risks are distributed unequally among society and measures that reduce or prevent flood risks also distribute burdens and benefits. Flood risk management measures may infringe property rights that are protected by the Charter of Fundamental Rights of the European Union (art. 17 in conjunction with art. 52 (3) and European Convention on Human Rights (art. 1 First Protocol). The Charter and the Convention are a safety net for these infringements and form a basic demand of the domestic compensation regimes. The underlying principle of these European, but also domestic compensation regimes can be found in the French principle égalité devant les charges publiques [equality before public burdens]. A compensation regime can mitigate adverse effects of flood risk management. This paper scrutinises the domestic compensation regimes of the Netherlands, Flanders and France for loss caused by flood prevention and flood protection and flood recovery measures. It shows that burdens are unequally distributed, not only between the three jurisdictions, but also within the jurisdictions. It also shows that the égalité principle is not applied in a consistent way.