Roel Meeus, Fill in the gaps: EU sanctioning requirements to improve Member State enforcement of EU environmental law, Journal for European Environmental & Planning Law 2010, vol. 7(2), 135-162
The enforcement deficit of EU environmental law would partly stem from poor Member State governance of the autonomy they traditionally enjoy with regard to the enforcement of EU law. Both the EU legislator and the European Court of Justice have taken steps to ‘fill in the gaps’: develop sanctioning requirements to improve Member State enforcement of EU (environmental) law. These requirements are discussed in this article. The Eco-Crime Directive 2008/99/EC and the Ship Source Pollution Directive 2005/35/EC, the latter as recently amended, get specific attention. Additionally, the novelties of the Lisbon Treaty are considered.
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