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Stockholm Conference on
Environmental
Law and Justice, 6-9 September 2006
Abstract
Ludwig Krämer (Bremen etc.) :
Environmental Justice
through the
European Court of Justice: Grandeur et Misère
I. Introduction: The Court of
Justice in the institutional frame of the EC
II. The specificities of
the EC Court of Justice
1. Composition;
2. Judgments against Member States;
3. Action launched by the Commission, Art.211, 226;
4. Penalty payments Art.228;
5. Actions of one Member State against the other, Art.227;
6. Unilateral action by one Member State against the other;
7. The Court of Justice and public international environmental law
III. Data on
environmental jurisdiction
1. General data situation;
2. Actions under Article 226;
3. Actions under Article 228;
4. Actions under Article 227;
5. Actions under Article 230;
6. Actions under Article 243;
7. Actions under Article 234
IV. Interpreting
substantive environmental law
1. Interpretation rules;
2. Nature;
3. Water;
4. Waste;
5. Impact assessments;
6. Internal market and environment;
7. Transport/energy and environment
V. Procedural and
political law
1. Repartition of responsibilities;
2. Article 226;
3. Article 230(4);
4. Interest in bringing an action, Art.243;
5. Burden of proof;
6. New evidence (Art.95);
7. Integration: Articles 6 and 28 and environmental discrimination
VI. Overall assessment
1. Political decisions;
2. Da mi factum, dabo tibi ius;
3. Access to the court in the general interest;
4. The acceptance of the judgments of the Court;
5. The Court – in favour or against the environment?
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