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PUBLIC INTEREST LITIGATION IN ENVIRONMENTAL MATTERS BEFORE EUROPEAN COURTS

PUBLIC INTEREST LITIGATION IN ENVIRONMENTAL MATTERS BEFORE EUROPEAN COURTS PUBLIC INTEREST LITIGATION IN ENVIRONMENTAL MATTERS BEFORE EUROPEAN COURTS Ludwig Kramer* I. Introduction: Environmental Law and the Public Interest Environmental protection is one of the European Community's 'essential objectives'.1 Community legislation to ensure this protection has some unique features which distin- guish it markedly, as regards its making, its application and its effects, from other EC legislation — be it in the area of agricultural, transport, industrial or competition policy, or consumer and social policy. In Western Europe, where vested interests are in question, law-making and law enforcement takes place in a constant public—or not so public! — discussion with the representatives of vested interests; this discussion con- tinues inside administrations, parliaments and decision-making bodies. In contrast, the general interest 'environment' has almost no vested interest defenders. Who indeed has such a vested interest in clean ground water, in non-polluted rivers, lakes or seas, in clean air in cities, in the preservation of butterflies, of natural habitats, or of landscapes? Environmental organisations in Western Europe are structurally and financially too weak to defend effectively the public interest 'protection of the environment' over a long period of time. While there is consensus that the environment needs adequate protection, the implementation http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Environmental Law Oxford University Press

PUBLIC INTEREST LITIGATION IN ENVIRONMENTAL MATTERS BEFORE EUROPEAN COURTS

Krämer, Ludwig
Journal of Environmental Law , Volume 8 (1) – Jan 1, 1996
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Publisher
Oxford University Press
Copyright
© Oxford University Press
ISSN
0952-8873
eISSN
1464-374X
DOI
10.1093/jel/8.1.1
Publisher site
See Article on Publisher Site

Abstract

PUBLIC INTEREST LITIGATION IN ENVIRONMENTAL MATTERS BEFORE EUROPEAN COURTS Ludwig Kramer* I. Introduction: Environmental Law and the Public Interest Environmental protection is one of the European Community's 'essential objectives'.1 Community legislation to ensure this protection has some unique features which distin- guish it markedly, as regards its making, its application and its effects, from other EC legislation — be it in the area of agricultural, transport, industrial or competition policy, or consumer and social policy. In Western Europe, where vested interests are in question, law-making and law enforcement takes place in a constant public—or not so public! — discussion with the representatives of vested interests; this discussion con- tinues inside administrations, parliaments and decision-making bodies. In contrast, the general interest 'environment' has almost no vested interest defenders. Who indeed has such a vested interest in clean ground water, in non-polluted rivers, lakes or seas, in clean air in cities, in the preservation of butterflies, of natural habitats, or of landscapes? Environmental organisations in Western Europe are structurally and financially too weak to defend effectively the public interest 'protection of the environment' over a long period of time. While there is consensus that the environment needs adequate protection, the implementation

Journal

Journal of Environmental Law – Oxford University Press

Published: Jan 1, 1996

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