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OverviewIt 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. Full Product DetailsAuthor: Pål Wennerås (, Advocate, Attorney General of Civil Affairs, Norway)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 16.00cm , Height: 2.00cm , Length: 24.00cm Weight: 0.708kg ISBN: 9780199229017ISBN 10: 0199229015 Pages: 368 Publication Date: 16 August 2007 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. 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 conclusionReviewsWenneras 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 Wenneras 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 Author InformationPål Wennerås (Pal Wenneras) is an advocate in the office of the Attorney General of Civil Affairs, Norway Tab Content 6Author Website:Countries AvailableAll regions |
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