"Litigation, compliance and European integration: The preliminary ruling procedure and EU nature conservation policy"

Cichowski, Rachel A. (2001) "Litigation, compliance and European integration: The preliminary ruling procedure and EU nature conservation policy". In: UNSPECIFIED, Madison, Wisconsin. (Unpublished)

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Abstract

This paper examines how the European Court of Justice has expanded EU environmental laws and has done so by serving as a forum for national environmental activists pressuring for Member State compliance. In particular, I study this integrative dynamic through the evolution of nature protection policy in the European Union. The purpose of this analysis is to reveal how the Court's rulings function to secure Member State compliance and at the same time can lead to the construction of supranational norms, often in opposition to national government policy positions. The findings suggest that litigation dynamic can have the effect of fueling the integration process by expanding EU competence. The case law analysis in this study pertains to the preliminary ruling procedure, Article 234 (ex 177). By studying this process, I am able to reveal not only the interaction between the Court and Member State governments in securing compliance with European environmental laws, but also the integral role that both national judges and private litigants (individuals and environmental associations) can play in deepening integration. This study focuses specifically on the environment policy sector, yet provides a general framework for examining the case law in subsequent policy areas, with the purpose of providing a more nuanced understanding of European integration.

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