Erschienen: 31.03.2011 Abbildung von Borzsák | The Impact of Environmental Concerns on the Public Enforcement Mechanism under EU Law | 2011 | Environmental protection in th...


The Impact of Environmental Concerns on the Public Enforcement Mechanism under EU Law

Environmental protection in the 25th hour

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ca. 105,00 €

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2011. Buch. 352 S. Hardcover

Kluwer Law International. ISBN 9789041134080

In englischer Sprache


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The European Union, with only 7.5% of the world’s population, is responsible
for a major part of the contamination of the planet, and is a major
contributor to the problems of the global environment. Fortunately, Europe has
both the capacity and the experience to fight effectively against these
problems, even in this ‘twenty-fifth hour’ of environmental degradation. This
timely book identifies some of the weaknesses of the public enforcement
mechanism inherent in Articles 258–260 TFEU, and suggests how that mechanism
could be improved in order to promote the overall effectiveness of EU law and
environmental law in particular. Starting from the idea that the European
Union lacks a strong enforcement body to prevent Member States from exploiting
loopholes in its legal system, the author thoroughly investigates the extent
to which the effectiveness of the EU’s public enforcement provisions depends
on voluntary compliance or on actual enforcement mechanisms. He shows that,
while preventive procedures should always precede enforcement actions,
European environmental law cannot be sufficiently promoted without stronger
legal enforcement measures. Reviewing both the managerial methods and the
enforcement mechanisms that the Commission can resort to, he examines such
issues as the following:


  • why environmental protection issues produce the most problems with regard to

  • reasons for non-compliance, types of breaches, and how breaches are detected;

  • the different stages of the infringement procedures under Articles 258-260;

  • method of calculating penalties;

  • schedules and time limits for compliance;

  • lines of defence Member States resort to in an infringement case;

  • situations where legal arguments are likely to be left behind by political

  • limits on the powers of the Commission and the ECJ;

  • when the ECJ can impose a higher penalty than in the original claim; and

  • what happens when a Member State fails to pay a penalty.

The analysis covers the range of instruments, programmes, and institutions
used by the EU to promote compliance with environmental law, such as LIFE,
IMPEL, training and education schemes, and various financial tools, and also
describes the role of the European Environment Agency and other statutory
bodies. Detailed studies of cases which have arisen under Article 228 EC (now
Article 260 TFEU) underpin the analysis, revealing common issues and emerging
principles. An in-depth study of available approaches under EU law to
effective recognition of environmental imperatives and better compliance with
existing provisions, this important book offers practical recommendations that
will improve and speed up infringement proceedings and strengthen both
preventive measures and enforcement mechanisms. It is an essential resource
for European lawyers and policymakers concerned with preventing further
irreparable damage to our environment.


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