National Courts and EU Environmental Law

J.H. Jans,

National Courts and EU Environmental Law
 
 
Direct effect, consistent interpretation and state liability are instruments developed by the CJEU for national courts to remedy conflicts between national and EU law (and may also be used in some jurisdictions to resolve national law and international law). This book will look at the ‘remedial capacity’ of these doctrines/tools from the perspective of the national court applying them. In short: what are their strengths, weaknesses, unexplored opportunities at grassroot level, and what can we learn from comparative experience in practice within Member States. The study reveals considerable differences in the way these doctrines are handled at national level. And it is clear that these differences go beyond the challenges facing newly joined Member States where the judiciary might be expected to still be learning its way with EU law. Even within long standing EU Members there is by no means a consistency in approach. The judiciary handling environmental cases have recently established an informal cooperative network to learn from each other. We may be some years away from a time when national courts are regularly referred to not only to decisions of the Court of Justice of the European Union, but also to cases from other EU national courts to assist them in their decision-making. But if this study, which we believe to the first of its kind in this field, helps to stimulate that process, the handling of environmental law within the EU can only be improved. About the editors Prof. Jans is professor of Administrative Law at the University of Groningen. Prof. Macrory is professor of Environmental Law at University College London. Prof. Moreno Molina is professor of Administrative Law at the Universidad Carlos III de Madrid. From the Foreword by Lord Carnwath JSC (UK Supreme Court): "EU and National Environmental Law is a significant work which will stimulate further cooperation and cross-fertilization of ideas. I congratulate the authors and editors, and commend it to judges, practitioners and academics alike."


  • ;
  • ISBN:
  • Edition:
  • Title:
  • Series:
  • Author:
  • Imprint:
  • Language:

In The Press


About The Author


Customer Reviews

Verified Buyer

Read online

If you’re using a PC or Mac you can read this ebook online in a web browser, without downloading anything or installing software.

Download file formats

This ebook is available in file types:

This ebook is available in:

After you've bought this ebook, you can choose to download either the PDF version or the ePub, or both.

DRM Free

The publisher has supplied this book in DRM Free form with digital watermarking.

Required software

You can read this eBook on any device that supports DRM-free EPUB or DRM-free PDF format.

Digital Rights Management (DRM)

The publisher has supplied this book in encrypted form, which means that you need to install free software in order to unlock and read it.

Required software

To read this ebook on a mobile device (phone or tablet) you'll need to install one of these free apps:

To download and read this eBook on a PC or Mac:

  • Adobe Digital Editions (This is a free app specially developed for eBooks. It's not the same as Adobe Reader, which you probably already have on your computer.)

Limits on printing and copying

The publisher has set limits on how much of this ebook you may print or copy. See details.

  • {{ format_drm_information.format_name }} unrestricted {{ format_drm_information.format_name }} {{format_drm_information.page_percent}}% every {{format_drm_information.interval}} days {{ format_drm_information.format_name }} off
Read Aloud
  • {{ read_aloud_information.format_name }} on {{ read_aloud_information.format_name }} off
Subject categories
  •  > 
ISBNs