"The European Union, with only 7.5% of the world's population, is responsible for a major part of the contamination of the planet, and is a major contributor to the problems of the global environment. Fortunately, Europe has both the capacity and the experience to fight effectively against these problems, even in this 'twenty-fifth hour' of environmental degradation. This timely book identifies some of the weaknesses of the public enforcement mechanism inherent in Articles 258-260 TFEU, and suggests how that mechanism could be improved in order to promote the overall effectiveness of EU law and environmental law in particular"--Provided by publisher.

This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.

Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal 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 Union 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 statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.

This book offers a window into the mechanisms that drive events when countries with poor track records in environmental protection and low administrative capacity, join an organisation with ambitious environmental regulatory regimes, which include some of the highest environmental protections standards in the world. This book examines the institutional building capacity in Romania after two decades of the development of the EU's environmental policy on elaboration, transposition, implementation, monitoring and institutional building. The book examines how Romania has fared as one of the least environmentally friendly EU member states, and poses the following questions. What are the limits of Europeanisation in the area of public policies? What is the reason why, despite the overwhelming public interest in environmental issues, and widespread agreement that urgent action to protect the environment and prevent catastrophic climate change are paramount, the pace of achieving the goals is remains slow. Why do policies fail? This book brings together several case studies focusing on the evolution of environmental policies in Romania over the last twenty years, with a special focus on the post-accession period (2007 onwards). The book provides an analysis of policies, where progress is less than satisfactory, and examines why this is the case.

Voluntary environmental agreements (VEAs) – generally agreements between government and business – have been regarded by many as a key new instrument for meeting environmental objectives in a flexible manner. Their performance to date has, however, also led to considerable criticism, with several parties arguing that they are methods for avoiding real action that goes beyond "business-as-usual". Is either of these positions justified? The aim of this book is to highlight and learn the lessons from existing experience, looking not just at results but also at specific elements of agreements and also at the process of the agreement itself. Lessons are drawn from experience from across the world, covering the full range of environmental challenges, and from the perspective of key stakeholder groups. Importantly, the book also presents tools for assessing and improving existing agreements and includes recommendations and guidelines for future agreements in key areas such as climate change. It also deals at length with the problem of how such agreements might be used in developing and transitional economies. The overall view of the book is that there is a real potential for the future use of VEAs as part of the policy mix and as a tool for sharing the responsibility for meeting environmental objectives. For the agreements to play this role, however, significant steps are needed to ensure that they are effective, efficient, equitable and appropriately linked to a portfolio of other instruments. The book is divided into four sections. First, existing agreements, their development and efficacy are considered; second, the prospects for voluntary agreements in developing and transitional economies are discussed; third, a range of authors examine the role of VEAs as part of the policy mix to combat climate change; and, finally, the book concludes with an examination of how new tools for evaluating and improving VEAs could be utilized in the future. Voluntary Environmental Agreements will be of interest not only to academics, governments and businesses wishing to understand this specific instrument, but also to those already implementing or considering applying VEAs to meet their environmental objectives.

A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.