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Vol 21 No 11 Nov/Dec 2016

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The Enforcement of EC Environmental Law


ISBN13: 9780199229017
Published: August 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £89.00



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It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law normally does not confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination.

The Enforcement of EC Environmental Law explores and challenges this assumption. Drawing from constitutional aspects of EC law, the author examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, whilst at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the author explores the potential of enforcement of environmental law through law suits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.

  • Offers a critical assessment of the legal principles at work in the enforcement of EC environmental law
  • Challenges the conventional wisdom that the general principles of rights and remedies in EC law are not applicable to environmental law
  • Features a comprehensive analysis of the case law, including coverage of enforcement before national courts, the European courts, and enforcement by the Commission

Subjects:
Environmental Law, EU Law
Contents:
1. Introduction
Enforcement
Rights
Evolution
2. EC Environmental Law in the National Legal Order
Introduction
Direct effect
Consistent interpretation
Duties on national courts and authorities
Conclusion
3. Judicial Review before National Courts
Introduction
Jurisprudential harmonization of procedural law
The Aarhus Convention and implementing EC legislation
Procedural requirements
Acts susceptible to review
Standing
Grounds and intensity of review
Legal consequences and basic remedies
Interim relief
Reparation on the basis of direct effect
State liability
Sanctions
Conclusion
4. Preliminary References
Introduction
General conditions
Interpretation
Judicial review
Sanctions
Conclusion
5. Judicial Review before Community Courts
Introduction
Direct and individual concern
Internal review
Judicial review
Interim relief
Community liability
Conclusion
6. Enforcement by the Commission
Introduction
Article 226 EC
General and persistent (GAP) infringements
Article 228 EC
Structural deficits
Rights of private parties
Horizontal enforcement
The complementary role of private enforcement
7. Conclusion
Introductory remarks
Private enforcement against national authorities and private parties
Private enforcement against Community institutions and bodies
The Aarhus Convention
Recommendations
Final conclusion ;

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