Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Enforcement of EU Environmental Law and the Role of Interim Relief Measures

Enforcement of EU Environmental Law and the Role of Interim Relief Measures 204 European Energy and Environmental Law Review October 2010 Enforcement of EU Environmental Law Martin Hedemann-Robinson* to request emergency judicial intervention. Section III analyses the extent to which interim relief has emerged as a legal tool for the benefit of the Commission when challenging Member States over alleged infringements of EU environmental law, with specific reference to the relevant case law of the Court of Justice. Section IV explores how the potential availability of interim measures has now become an integral element within current Commission strategy on enhancing the state of implementation of EU environmental legislation at national level. Finally, section V concludes the article with some reflections on the extent to which the law of the EU on interim relief is suitable to addressing environmental infringement cases in respect of which there may be an urgent need for intervention against a defendant Member State. I. Introduction Until relatively recently, injunctions against Member States suspected of breaching European Union environmental law were considered to be a pretty rare phenomenon if not entirely extinct species of legal procedure. Prior to 2007, the European Commission (hereafter referred to as the ``Commission'') had only applied to the Court of Justice of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Energy and Environmental Law Review Kluwer Law International

Enforcement of EU Environmental Law and the Role of Interim Relief Measures

Download PDF
26 pages

Loading next page...
 
/lp/kluwer-law-international/enforcement-of-eu-environmental-law-and-the-role-of-interim-relief-PsIVsaAsDD

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
0966-1646
Publisher site
See Article on Publisher Site

Abstract

204 European Energy and Environmental Law Review October 2010 Enforcement of EU Environmental Law Martin Hedemann-Robinson* to request emergency judicial intervention. Section III analyses the extent to which interim relief has emerged as a legal tool for the benefit of the Commission when challenging Member States over alleged infringements of EU environmental law, with specific reference to the relevant case law of the Court of Justice. Section IV explores how the potential availability of interim measures has now become an integral element within current Commission strategy on enhancing the state of implementation of EU environmental legislation at national level. Finally, section V concludes the article with some reflections on the extent to which the law of the EU on interim relief is suitable to addressing environmental infringement cases in respect of which there may be an urgent need for intervention against a defendant Member State. I. Introduction Until relatively recently, injunctions against Member States suspected of breaching European Union environmental law were considered to be a pretty rare phenomenon if not entirely extinct species of legal procedure. Prior to 2007, the European Commission (hereafter referred to as the ``Commission'') had only applied to the Court of Justice of

Journal

European Energy and Environmental Law Review – Kluwer Law International

Published: Oct 1, 2010

There are no references for this article.