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Reducing the Judicial Deficit in Multilevel Environmental Regulation:The Example of Plant Protection Products

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Chapter Summary

Environmental law often has an international background. When the EU Member States are Party to an environmental convention, its rules are transformed into European law by Community institutions. As a rule, the Member States are responsible for the implementation of European law. The regulation of plant protection products is used in this chapter as an example in order to evaluate the impact of the Aarhus Convention in a multilevel regulatory context. The chapter first surveys the decision-making procedures in this field and discusses two judgments by the Community courts to demonstrate why the current judicial review procedure presents a judicial deficit. The chapter then evaluates the reduction of the judicial deficit in this field by the incorporation of the rules on judicial review contained in the Aarhus Convention into the European legal order.

Keywords:Aarhus Convention; environmental law; European law; judicial deficit; multilevel regulation; plant protection products



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