ABSTRACT
This Chapter looks at the use of sanctioning powers within the EU Common Environmental Policy. The analysis shows that the EU stands out when it comes to enforcing environmental rules, when compared with the Member States and other international organisations. The Chapter initially examines the legal tools available to EU institutions, particularly the Commission and the Court of Justice, to ensure that Member States comply with EU environmental law. Thereafter, the analysis considers the EU’s capacity to ensure that individuals comply with environmental law. Finally, the Chapter specifically focuses on the so-called Environmental Crimes Directive (ECD), the potential of which is still to be fully tested. In particular, it is argued that the powers entrusted to Member States to impose sanctions under their domestic legislation may not provide results that satisfy the ultimate rationale of the ECD, lie. harmonisation.
