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The Enforcement of EC Environmental Law$
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Pål Wennerås

Print publication date: 2007

Print ISBN-13: 9780199229017

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199229017.001.0001

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Judicial review before national courts

Judicial review before national courts

(p.75) 3 Judicial review before national courts
The Enforcement of EC Environmental Law

Pål Wennerås

Oxford University Press

This chapter analyzes the extent to which the ECJ's case law, the Aarhus Convention, and secondary Community legislation, ensure effective judicial enforcement of EC environmental law in national courts. The chapter is organized as follows. Section 2 provides a general analysis of the principles arising from the ECJ's case law on procedures and remedies with a view to determining their relevance for the enforcement of EC environmental law. Section 3 introduces the Aarhus Convention and the secondary legislation implementing the Aarhus Convention. This section also analyzes the relations between the judicial protection guarantees that follow from the EC's case law, and the requirements embodied in the legislation implementing the Aarhus Convention. In light of these findings, the subsequent sections examine the requirements Community law places on Member States as regards the distinct elements that make out the anatomy of access to justice in environmental matters.

Keywords:   European Community law, environmental law, European Court of Justice, Aarhus Convention, community implementation, case law, sanctions

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