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Full Description
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.
Contents
1. Introduction Part 1: The Role of the European Commission in Enforcing EU Environmental Law 2. EU Institutional Enforcement of EU Environmental Law - The General Legal Framework 3. Enforcement Proceedings Brought by the European Commission (1) 4. Enforcement Proceedings Brought by the European Commission (2) 5. Enforcement Proceedings Brought by the European Commission (3) Part 2: The Role of Private Persons in Enforcing EU Environmental Law 6. Enforcement of EU Environmental Law at National Level by Private Persons: General Legal Principles 7. Access to Justice at National Level for Breaches of EU Environmental Law: The Role of the Court of Justice of the EU 8. Access to Justice at National Level for Breaches of EU Environmental Law: EU Legislation on Access to National Courts and Environmental Information 9. Private Enforcement of EU Environmental Law at EU Institutional Level: Access to Justice and Information 10. Private Enforcement of EU Environmental Law at EU Institutional Level: Administrative Complaints Procedures and Other Possibilities 11. Complaints by Private Persons against EU Member States: Implications for EU Environmental Law Enforcement 12. Complaints by Private Persons against EU Institutional Conduct: Implications for EU Environmental Law Enforcement Part 3: The Role of Member States in Enforcing EU Environmental Law 13. Enforcement of EU Environmental Law by National Authorities: General Principles and Environmental Inspection Responsibilities 14. Enforcement of EU Environmental Law by National Authorities: Environmental Civil Liability 15. Enforcement of EU Environmental Law by National Authorities: Environmental Criminal Liability 16. EU Environmental Law Enforcement: Reflections
