The Legitimacy of EU Environmental Governance and the Role of the European Courts
Disponibilité: En stock
- Catégories: Energie et environnement
- Editeur: OUP - Oxford University Press
- Collection: Collected Courses of the Academy of European Law
- ISBN: 9780198972808
- Date de publication: 09/07/2025
- Reliure: Paperback
- Nombre de pages: 304
Résumé
- Provides an in-depth examination of the current issues facing EU environmental law and their examination by the courts
- Demonstrates a thorough understanding of how and under which conditions courts can contribute to more legitimate environmental governance
- Offers a timely discussion of the current roadblocks to achieving more legitimate environmental governance
European courts have an important role to play in contributing to the
legitimacy of EU environmental governance. Their role in holding to
account and scrutinizing administrative and legislative acts is critical
to the overall legitimacy of the political system. However, the
boundaries of legitimacy in governance are themselves being shaped by
the environmental context. This volume explores how the environment
affects the ways in which the courts can support the legitimacy of EU
governance, and, in turn, what the courts themselves bring to the table
in enhancing that legitimacy.
The Legitimacy of EU Environmental Governance and the Roleof the European Courts
considers soft law, human rights, the environmental principles,
judicial procedures and remedies, and the wider European law context, to
examine the dynamics which shape the courts' contributions to
legitimacy.
Bringing together leading authors in EU
constitutional and administrative law and EU environmental law, this
book explores the ways in which environmental degradation is shifting
how the courts, and we, assess what legitimate governance actually
consists of.
Table des matières
1:Legitimacy: What's in a Name?, Mariolina Eliantonio, Michal Krajewski, and Emma Lees
2:Walking the Tightrope: Legitimacy and the Use of Environmental Soft Law in the European Courts, Mariolina Eliantonio and Danai Petropoulou Ionescu
3:Environmental Principles and Legitimacy: Power-Allocation, Knowledge Gaps, and Coherence, Emma Lees
4:Environmental Protection in a Free Market: Member States' Room for Manoeuvre, Nicolas de Sadeleer
5:Fundamental Rights to Climate Protection in Europe: Can the Judiciary Leverage the Legitimacy of Environmental Governance?, Gerd Winter
6:Scientific Uncertainty before the EU Courts, Boards of Appeal, and National Courts in Environmental Matters, George Iordachescu and Michal Krajewski
7:EU Environmental Law: A Complete and Effective System of Remedies before the Courts of the European Union?, Luca Prete
8:Conclusions, Mariolina Eliantonio and Emma Lees