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Application of European Environmental Law by National Courts

Luc Lavrysen

elni Review 2008, Issue 2,  pp. 78-80.

In this article, the author describes the situation of National Courts applying European Environmental Law. The article shows that not in all Member States the issue is being addressed as it should be. Therefore, the author strongly supports the initiative taken by the European Commission to set up, in the light of Communication COM(2007)502 of September 2007, a large-scale training programme for members of the judiciary on the national level.

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  1. Commission of the European Communities, 2006 Commission Staff Working Document, Seventh Annual Survey on the implementation and enforcement of Community environmental law 2005, SEC(2006) 1143.
  2. Paul L. Stein, Environmental Policy and Law, 33/2 (2003), p. 56.
  3. Year Report of the ECJ 2007.
  4. Order of the Court (Third Chamber) of 15 January 2004. Criminal proceedings against Marco Antonio Saetti and Andrea Frediani. Reference for a preliminary ruling: Tribunale di Gela - Italy. Article 104(3) of the Rules of Procedure - Directives 75/442/EEC and 91/156/EEC - Waste management - Definition of waste - Petroleum coke. Case C-235/02.
  5. European Convention for the Protection of Human Rights and Fundamental Freedoms.
  6. UNEP, UNEP Global Judges Programme, Nairobi, 2005.