ABSTRACT

Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject.

Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities.

Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.

chapter |29 pages

Introduction

part |231 pages

The role of the European Commission in enforcing EU environmental law

chapter |29 pages

EU institutional enforcement of EU environmental law

The general legal framework

chapter |88 pages

Enforcement action brought by the European Commission (1)

Article 258 TFEU and ‘first-round' infringement proceedings

chapter |49 pages

Enforcement action brought by the European Commission (2)

Article 260 TFEU and ‘second-round' infringement proceedings

chapter |65 pages

Enforcement action brought by the European Commission (3)

Some critical reflections

part |276 pages

The role of private persons in enforcing EU environmental law

part |163 pages

Taking action at national level

chapter |36 pages

Access to justice at national level for breaches of EU environmental law (1)

The role of the Court of Justice of the EU

chapter |58 pages

Access to justice at national level for breaches of EU environmental law (2)

EU legislation on access to legal review at national level

part |113 pages

Taking action at EU level

chapter |56 pages

Private enforcement of EU environmental law at EU institutional level (2)

Administrative complaints procedures and other possibilities

part |163 pages

The role of member states in enforcing EU environmental law

chapter |56 pages

Enforcement of EU environmental law by national authorities (1)

General principles and environmental inspection responsibilities

chapter |49 pages

Enforcement of EU environmental law by national authorities (2)

Environmental civil liability

chapter |47 pages

Enforcement of EU environmental law by national authorities (3)

Environmental criminal liability

chapter |11 pages

EU environmental law enforcement

Reflections