Chapter

Article 258/260 TFEU Infringement Procedures: The Commission Perspective in Environmental Cases

Sibylle Grohs

in Compliance and the Enforcement of EU Law

Published in print March 2012 | ISBN: 9780199644735
Published online May 2012 | e-ISBN: 9780191740695 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199644735.003.0003

Series: Collected Courses of the Academy of European Law

Article 258/260 TFEU Infringement Procedures: The Commission Perspective in Environmental Cases

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This chapter discusses how the procedure envisaged in the Treaty on the Functioning of the European Union works in practice, from the perspective of a sector where enforcement against member states has been particularly important: environmental policy. Although the general procedures for handling complaints are the same across the Commission, the individual Directorates-General have different approaches depending on the number and type of complaints they receive. In the field of environment, cases of alleged ‘bad application’ of Union law are relatively more frequent but are also harder to establish since the Commission does not have inspectors that it can send to member states to verify conflicting claims in situ. It is negotiated compliance rather than Court action that is most important. Although the direct enforcement procedure led by the Commission will remain important, the Commission is also encouraging the improvement of enforcement procedures at national level, through national courts.

Keywords: Treaty on the Functioning of the European Union; EU law; environmental policy; law enforcement; negotiated compliance

Chapter.  8246 words.  Illustrated.

Subjects: EU Law

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