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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Impact of Environmental Concerns on the Public Enforcement Mechanism under EU law: Environmental protection in the 25th hour

ISBN13: 9789041134080
Published: April 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £80.00

Low stock.

The European Union, with only 7.5% of the world’s population, is responsible for a major part of the contamination of the planet, and is a major contributor to the problems of the global environment.

Fortunately, Europe has both the capacity and the experience to fight effectively against these problems, even in this ‘twenty-fifth hour’ of environmental degradation. This timely book identifies some of the weaknesses of the public enforcement mechanism inherent in Articles 258–260 TFEU, and suggests how that mechanism could be improved in order to promote the overall effectiveness of EU law and environmental law in particular.

Starting from the idea that the European Union lacks a strong enforcement body to prevent Member States from exploiting loopholes in its legal system, the author thoroughly investigates the extent to which the effectiveness of the EU’s public enforcement provisions depends on voluntary compliance or on actual enforcement mechanisms. He shows that, while preventive procedures should always precede enforcement actions, European environmental law cannot be sufficiently promoted without stronger legal enforcement measures.

Environmental Law, EU Law
About the Author List of Abbreviations Foreword Preface Acknowledgements Introduction Chapter 1 Theories and the Basic Elements of Enforcement Chapter 2 Monitoring the Application of the Treaties Chapter 3 Strengthening Enforcement: The Introduction of Article 260 Chapter 4 Environmental Concerns Chapter 5 Managerial Techniques Chapter 6 Enforcement Techniques through Case Law Chapter 7 Recommendations Conclusion Appendix I Cases Referred to the ECJ Under Article 228 EC Appendix II Amendments to the Public Enforcement Procedure Appendix III Novelties in the Judgments Bibliography Treaties, Secondary Law Table of Cases Index