On Regulatory Power, Compliance, and the Role of the Court of Justice in EU Environmental Law

Abstract

This concluding chapter captures the findings of the previous 29 chapters by discussing three main issues, namely: (1) the use of competences for EU environmental law-making; (2) the ways to address the serious compliance deficit and the role of civil society in this regard; and (3) the role of the CJEU in furthering environmental protection in the EU. The EU environmental acquis and the case law of the CJEU are of a patchwork nature, the regulatory approaches are often very complex, and the Court has regularly stepped in to clarify legislative provisions. While the EU has succeeded in adopting an impressive package of diverse regulatory approaches to protect the environment, the compliance deficit is a very serious issue. The establishment of inspection powers at EU level – next to on the ground examinations regarding the implementation of EU environmental law in Member States – are needed to improve the effectiveness of the EU environmental acquis. At the same time, the power of civil society, using its procedural rights, is an important means to help reach the ultimate aim: a high level of environmental protection in the EU.