European Parliament Library

Enforcement of European Union environmental law, legal issues and challenges, Martin Hedemann-Robinson

Label
Enforcement of European Union environmental law, legal issues and challenges, Martin Hedemann-Robinson
Language
eng
Index
index present
Literary Form
non fiction
Main title
Enforcement of European Union environmental law
Nature of contents
dictionariesbibliography
Oclc number
910446052958102802
Responsibility statement
Martin Hedemann-Robinson
Sub title
legal issues and challenges
Summary
"Offering a detailed legal account of the various legal arrangements at EU level this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principle 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 and assesses the practical impact of the legal arrangements at EU level that are used for the purpose of upholding EU environmental norms. Providing a comprehensive account of the current state of EU environmental law enforcement and developments affecting it, Enforcing European Union Environmental Law focuses on the principal sources of EU environmental law enforcement. It examines 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 legislation and case-law. Particular attention is paid to the Lisbon Treaty and the ensuing establishment of a new legal architecture on the topic of Union involvement in environmental criminal policy, and the alteration of the EU treaty provisions enabling the European Commission to take legal action against EU Member States which infringe EU environmental law. The impact of the Arhus Convention on EU environmental law enforcement is also addressed in detail focusing on the recommendations of the Arhus Convention's Compliance Committee. "--, Provided by publisher"Offering a detailed legal account of the various legal arrangements at EU level this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principle 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 EU 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 legislation and case-law. Particular attention is paid to the Lisbon Treaty and the ensuing establishment of a new legal architecture on the topic of Union involvement in environmental criminal policy, and the alteration of the EU treaty provisions enabling the European Commission to take legal action against EU Member States which infringe EU environmental law. The impact of the IJhus Convention on EU environmental law enforcement is also addressed in detail focusing on the recommendations of the IJhus Convention's Compliance Committee"--, Provided by publisher
Table Of Contents
""Cover""; ""Title""; ""Copyright""; ""Dedication""; ""Contents""; ""Preface""; ""Table of cases""; ""Table of treaties and environmental legislation""; ""Table of abbreviations""; ""1 Introduction""; ""1.1 Legal architecture and terminology of the EU: a brief overview""; ""1.1.1 Overview of the Union�s constitutional development""; ""1.2 The EU�s institutional framework""; ""1.3 EU environmental policy and law""; ""1.3.1 Legal basis for the adoption of EU environmental measures""; ""1.3.2 Types of EU environmental legislative measures""""PART I The role of the European Commission in enforcing EU environmental law""""2 EU institutional enforcement of EU environmental law: the general legal framework""; ""2.1 The role of the European Commission as primary law enforcer""; ""2.2 Types of breaches of EU environmental law""; ""2.2.1 Non-transposition cases""; ""2.2.2 �Bad-application� cases""; ""2.3 Enforcement proceedings brought by the European Commission: Articles 258 and 260(2) TFEU""; ""2.3.1 Structure and format of Article 258 TFEU proceedings""""2.3.2 Structure and format of Article 260(2) TFEU second-round proceedings""""2.4 Enforcement proceedings brought by a Member State: Article 259 TFEU""; ""2.5 The European Atomic Energy Community Treaty and infringement proceedings""; ""3 Enforcement action brought by the European Commission (1): Article 258 TFEU and �first-round� infringement proceedings""; ""3.1 Detection of breaches of law""; ""3.2 Overview of core elements of Commission infringement proceedings""; ""3.2.1 General remarks regarding first-round proceedings under Article 258 TFEU""""3.2.2 General remarks regarding second-round proceedings under Article 260(2) TFEU""""3.2.3 Tables highlighting procedure and typical length of Article 258 TFEU infringement actions""; ""3.3 The pre-litigation phase in Article 258 TFEU infringement proceedings""; ""3.3.1 Evidence and onus of proof""; ""3.3.2 Investigations and the role of Article 4(3) TEU: duty of co-operation""; ""3.3.3 European Commission discretion in deciding to take legal action""; ""3.3.4 Letter of Formal Notice (LFN): the first written warning""; ""3.3.5 Reasoned Opinion (RO): the second written warning""""3.4 The litigation phase: application to the CJEU""""3.4.1 Contents of the Court application""; ""3.4.2 Temporal aspects of the litigation phase""; ""3.5 Common defence submissions in environmental infringement proceedings""; ""3.5.1 Internal problems facing an EU member state""; ""3.5.2 The element of fault on the part of the defendant member state""; ""3.5.3 Breach by another member state""; ""3.5.4 De minimis-type arguments""; ""3.5.5 Adequacy of implementation of EU environmental law""; ""3.5.6 Temporal arguments""; ""3.6 Interim relief and Article 258 TFEU proceedings""""3.6.1 Legal and institutional framework for securing interim measures""
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