The study describes the legal foundations of the EU instruments in environmental matters (and the problems posed by their judicial control) and the legislative procedures provided by the Treaty. Moreover it scrutinizes the remedies operating to the benefit of undertakings and individuals to enforce the EU environmental norms and principles before the national judge. It recognizes that EU law in environmental matters provides both public enforcement and private enforcement measures or remedies. It concludes that the European Court of Justice has interpreted EU law in a manner to enhance the individual locus standing and, in general, the effectiveness of judicial protection at national level.
Commento all'art. 192 TFUE (Ambiente nel Diritto dell'Unione europea; base giuridica dell'azione ambientale; procedure normative; competenze; rimedi)
AMADEO, STEFANO
2014-01-01
Abstract
The study describes the legal foundations of the EU instruments in environmental matters (and the problems posed by their judicial control) and the legislative procedures provided by the Treaty. Moreover it scrutinizes the remedies operating to the benefit of undertakings and individuals to enforce the EU environmental norms and principles before the national judge. It recognizes that EU law in environmental matters provides both public enforcement and private enforcement measures or remedies. It concludes that the European Court of Justice has interpreted EU law in a manner to enhance the individual locus standing and, in general, the effectiveness of judicial protection at national level.Pubblicazioni consigliate
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