Compliance with EU environmental law. The iceberg is melting

Abstract

The European Union (EU) has become the main driver for environmental policy output for its member states whose number has more than tripled over the past four decades. The EU’s deepening and widening has led researchers to expect more non-compliance with EU environmental legislation. In fact, however, the implementation gap has narrowed over the past 25 years. Except for Southern enlargement, taking on new member states has not exacerbated the EU’s compliance problem in the field of environmental policy. Nor has the expansion of the environmental acquis. This is explained by the European Commission’s strategies of managing and enforcing compliance. EU environmental policy has become less demanding on member states since it increasingly tends to amend existing rather than set new legislation. Simultaneously, the Commission has developed new instruments to strengthen member state capacities to implement EU environmental legislation.