Cookies Policy
X

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

The Commission’s Omission to Use Article 267 TFEU as a Tool to Enforce EU Environmental Law

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

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.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

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.

Affiliations: 1: Madrid/Brussels kramer.ludwig@skynet.be

10.1163/18760104-01303003
/content/journals/10.1163/18760104-01303003
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/18760104-01303003
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/18760104-01303003
Loading

Article metrics loading...

/content/journals/10.1163/18760104-01303003
2016-12-07
2017-08-21

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Journal for European Environmental & Planning Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation