ABSTRACT
The aim of this chapter is to provide an overview of the core legal machinery set down in the EC Treaty to enforce the proper application of EU environmental law by Member States. In particular, it will consider the general framework of Arts 226-228 EC (ex Art 169-171) which provide the possibility for, inter alia, the European Commission to be able to take legal proceedings against Member States considered by it to have infringed EC law, including environmental protection legislation enacted under the relevant EC Treaty provisions relating to the environmental policy sector.1 The chapter will also consider the type of infringements which these enforcement proceedings seek to address. Chapters 3 and 4 will then examine in more detail the legal principles applicable to these particular legal proceedings, before Chapter 5 takes a critical look at their impact and effectiveness.
