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National Courts and EU Environmental Law

Edited by: J.H. Jans, R. Macrory, A-M Moreno Molina

ISBN13: 9789089521286
Published: May 2013
Publisher: Europa Law Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £77.00



Despatched in 3 to 5 days.

Direct effect, consistent interpretation and state liability are instruments developed by the CJEU for national courts to remedy conflicts between national and EU law (and may also be used in some jurisdictions to resolve national law and international law). This book will look at the ‘remedial capacity’ of these doctrines/tools from the perspective of the national court applying them. In short: what are there strengths, weaknesses, unexplored opportunities at grassroot level, and what can we learn from comparative experience in practice within Member States.

The study reveals considerable differences in the way these doctrines are handled at national level. And it is clear that these differences go beyond the challenges facing newly joined Member States where the judiciary might be expected to still be learning its way with EU law. Even within long standing EU Members there is by no means a consistency in approach. The judiciary handling environmental cases have recently established an informal cooperative network to learn from each other. We may be some years away from a time when national courts are regularly referred to not only to decisions of the Court of Justice of the European Union, but also to cases from other EU national courts to assist them in their decision-making. But if this study, which we believe to the first of its kind in this field, helps to stimulate that process, the handling of environmental law within the EU can only be improved.

Subjects:
Environmental Law
Contents:
Abbreviations
Chapter 1 Introduction
Jan H. Jans, Richard Macrory & Angel-Manuel Moreno Molina
Chapter 1. General Remarks
Chapter 2. National Administrative Procedural Law Under EU Requirements. With a Focus on Public Participation
Gerd Winter
Chapter 3. Consistent Interpretation of EU Environmental Law
Richard Macrory, Verena Madner & Stefan Mayr
Chapter 4. Direct Effect and Consistent Interpretation: Strengths and Weaknesses of the Concepts
Ludwig Krämer
Chapter 5. Direct Effect and State Liability
Angel-Manuel Moreno Molina
Chapter 6. Constitutional Review of European Environmental Law
Luc Lavrysen
Chapter 7. Judicial Dialogue, Judicial Competition and Global Environmental Law. A Case Study on The UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
Jan H. Jans
Chapter 8. Effective Justice? Synthesis Report of the Study on the Implementation of Articles 9(3) and 9(4) of the Aarhus Convention in Seventeen of the Member States
of the European Union
Jan Darpö
Chapter 9. Austria
Verena Madner
Chapter 10. Belgium
Luc Lavrysen
Chapter 11. Croatia
Lana Ofak
Chapter 12. Czech Republic
Vojtech Vomacka & Ilona Jancarova
Chapter 13. Denmark
Peter Pagh
Chapter 14. Germany
Bernhard Wegener & Gerd Winter
Chapter 15. Hungary
Gyula Bándi
Chapter 16. Italy
Massimiliano Montini
Chapter 17. The Netherlands
Jan H. Jans
Chapter 18. Portugal
Alexandra Aragão
Chapter 19. Slovenia
Rajko Knez & Verena Rošic
Chapter 20. Spain
Agustín García-Ureta & Angel-Manuel Moreno Molina
Chapter 21. United Kingdom
Richard Macrory
Index