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.
Pal Wenneras (Pal Wenneras) is an advocate in the office of the Attorney General of Civil Affairs, Norway
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