The Enforcement Of Ec Environmental Law by Pal WennerasThe Enforcement Of Ec Environmental Law by Pal Wenneras

The Enforcement Of Ec Environmental Law

byPal Wenneras

Hardcover | August 16, 2007

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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 fieldsof 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 ofthe 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 ofenvironmental 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 tothe central characteristics of Community constitutional law.
Pal Wenneras is an advocate in the office of the Attorney General of Civil Affairs, Norway
Title:The Enforcement Of Ec Environmental LawFormat:HardcoverDimensions:368 pages, 9.21 × 6.14 × 0.79 inPublished:August 16, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199229015

ISBN - 13:9780199229017

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Table of Contents

1. IntroductionEnforcementRightsEvolution2. EC Environmental Law in the National Legal OrderIntroductionDirect effectConsistent interpretationDuties on national courts and authoritiesConclusion3. Judicial Review before National CourtsIntroductionJurisprudential harmonization of procedural lawThe Aarhus Convention and implementing EC legislationProcedural requirementsActs susceptible to reviewStandingGrounds and intensity of reviewLegal consequences and basic remediesInterim reliefReparation on the basis of direct effectState liabilitySanctionsConclusion4. Preliminary ReferencesIntroductionGeneral conditionsInterpretationJudicial reviewSanctionsConclusion5. Judicial Review before Community CourtsIntroductionDirect and individual concernInternal reviewJudicial reviewInterim reliefCommunity liabilityConclusion6. Enforcement by the CommissionIntroductionArticle 226 ECGeneral and persistent (GAP) infringementsArticle 228 ECStructural deficitsRights of private partiesHorizontal enforcementThe complementary role of private enforcement7. ConclusionIntroductory remarksPrivate enforcement against national authorities and private parties Private enforcement against Community institutions and bodiesThe Aarhus ConventionRecommendationsFinal conclusion