Description
Book SynopsisIt 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
Trade ReviewWenneras is an excellent and original thinking young scholar, whose doctrinal genius never gets in the way of his passion for what EC law can mean for the environment. By situating this very technical aspect of EC law in the equally complex context of the Community's environmental policy, this book in many respects is more informative and challenging than existing legal literature that approaches remedies in a policy vacuum. Conversely, compared to the current literature focusing specifically on remedies in EC environmental law, the added value of this book stems from the contribution it makes to suggesting ways out of the enforcement paralysis that undermines its effectivenessWenneras deserves full praise for this original and important book. * Han Somsen, Common Market Law Review 46, 2009 *
...provides a clearly written and well-argued case for a change of approach. Given the ever-increasing importance of European envoronmental law...the book has a potentially wide readership which will doubtless benefit from reflecting on the assumptions it challenges and the recommendations it makes. * Environmental Law & Management *
Table of Contents1. 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
