National Procedural Autonomy Revisited

Consequences of Differences in National Administrative Litigation Rules for the Enforcement of European Union Environmental Law - The Case of the EIA Directive

By Franziska Grashof

National Procedural Autonomy Revisited reconsiders one of the leading principles of European administrative law: the principle of national procedural autonomy. The book shows that, due to different national administrative litigation rules, common European rules are enforced in a fragmented manner. This is illustrated with the example of the judicial enforcement of Directive 2011/92/EU on environmental impact assessment for projects in the legal systems of Germany, England, and the Netherlands. Under the same rule of EU law, litigants are treated procedurally unequal. As well, there are different enforcement chances, and judges come to different conclusions, not because of diverging interpretations of the law, but because of different administrative litigation rules. Subsequently, the book discusses whether it is necessary, desirable, and possible to develop common rules of administrative litigation (in environmental matters) in the EU. It is argued that, by means of the instruments which are available in the EU - specifically legislation, jurisprudence, and comparative scholarship - a more precise common standard for administrative litigation (in environmental matters) should be created, so that the principle is: ubi ius europaeum, ibi remedium europaeum. *** Librarians: ebook available (Series: European Administrative Law - Vol. 10) [Subject: EU Law, Environmental Law]


Publication Date: 3/25/2016
Format: Paper
ISBN: 9789089521804