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- Publisher
- Brill
- Copyright
- © 2016 by Koninklijke Brill NV, Leiden, The Netherlands
- Subject
- Articles
- ISSN
- 1613-7272
- eISSN
- 1876-0104
- DOI
- 10.1163/18760104-01303003
- Publisher site
- See Article on Publisher Site
Abstract
The present contributions examines if and to what extent preliminary judgments by the Court of Justice were used as an enforcement tool and helped the full legal and practical application of eu environmental legislation. Looking at available data about the use of this procedure and at the enforcement practice of Member States and the eu commission it is concluded that neither the means of preliminary reference according to Article 267 nor the infringement procedure under Article 258 tfeu are systematically exploited for effective enforcement of eu environmental law. In particular, it becomes evident, that Commission does not assume its role as environmental law enforcement authority. It rather acts as an opportunist political body which sometimes takes into consideration the rule of law, but sometimes not.
Journal
Journal for European Environmental & Planning Law – Brill
Published: Dec 7, 2016
Keywords: Article 267 tfeu ; Article 258 tfeu ; eu Commission; enforcement; eu environmental law; infringement procedure; preliminary reference procedure; European Court of Justice