Subjects:

EU Law, Environmental 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

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