Litigating for the Environment: EU Law, National Courts, and by Reinhard Slepcevic

By Reinhard Slepcevic

The Natura 2000 Directives are the very cornerstone of eu Union nature conservation coverage which create a significantly stricter environmental safety regime than nationwide legislation do. The member states, notwithstanding, have did not enforce the Directives even regardless of powerful strain from the ecu fee. Reinhard Slepcevic exhibits how French, German, and Dutch environmental agencies try and implement the Directives via nationwide courts, even though with various good fortune. the writer explains the location by means of arguing that it'll simply be attainable to implement ecu legislations successfully via litigation less than specific stipulations. the implications, not just for personal judicial legislations enforcement but in addition for ecu integration and democratic governance, are significant.

This e-book is key examining for researchers and scholars from the social sciences, specifically sociology and political technology, in addition to for practitioners within the box of environmental protection.

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Additional info for Litigating for the Environment: EU Law, National Courts, and Socio-Legal Reality

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It is therefore indispensable to turn to more empirically oriented research that goes beyond the restricted realm of the doctrinal ‘reality’. 2 Stage 1: Litigation by Public Interest Groups The first stage of the Model concerns the general possibility for national public interest groups to contest before national courts administrative decisions which are in breach of European law. The focus of this stage is on public interest groups as they are obviously at the beginning of any interest group litigation.

If this were the case, I would have had to focus on cases where only litigation and only actions of the Commission had occurred.

They then analyse four strategies business interest groups have pursued, based on lobbying, litigation or a combination of both. Although they emphasise the explanatory nature of their article, they find support for their explanatory factors in their empirical case studies. Lastly, Börzel analyses litigation before national courts as an instrument of democratic governance. 2. It builds on Börzel’s previous empirical work on the implementation of several environmental directives in Spain and Germany (Börzel 2003).

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