
Full text loading...
This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.
I accept this policy
Find out more here
Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.
The present contributions examines if and to what extent preliminary judgments by the Court of Justice were used as an enforcement tool and helped the full legal and practical application of EU environmental legislation. Looking at available data about the use of this procedure and at the enforcement practice of Member States and the EU commission it is concluded that neither the means of preliminary reference according to Article 267 nor the infringement procedure under Article 258 TFEU are systematically exploited for effective enforcement of EU environmental law. In particular, it becomes evident, that Commission does not assume its role as environmental law enforcement authority. It rather acts as an opportunist political body which sometimes takes into consideration the rule of law, but sometimes not.