Enforcement of EC environmental law by decentralized authorities

Abstract

This paper focuses on enforcement of EC environmental law by decentralized authorities. Obviously this is a complicated matter. A recent study of the Commission of the European Community, for example, shows that in many cases swimming water in the Netherlands does not meet the requirements laid down in the EC Bath Water Directive. According to a report in the Dutch newspaper NRC-Handelsblad of 15 june 1995, the Commission stated that only two thirds of the Dutch swimming water is in accordance with the required minimum quality of the directive. This failure is a good example of the problems relating to enforcement of the environmental standards laid down in EC directives and regulations. Nevertheless, I want to discuss the following question: what are the requirements imposed by EC law on decentralized authorities enforcing EC Environmental law? How must decentralized authorities respond to an infringement of European environmental law? This is the central question of this article. Or let me put it this way, some aspects of this question will be discussed. It is impossible, of course, to answer this question completely in a short paper. The following remark must be made. Dealing with the subject of the enforcement of Community environmental law I will, as a Dutch legal researcher, focus on examples of Dutch law. The structure of this article is as follows. First, the meaning of some definitions will be explained. Secondly, I will make some general remarks on the role of decentralized authorities in EC law. Thirdly, the general requirements for the enforcement of EC law will be discussed. In the fourth place, I will examine to what extent and in what way decentralized authorities are obliged to monitor compliance with EC environmental law. How can they exercise control over the observance of EC environmental standards? In the fifth place, the sanctions imposed by decentralized authorities will be discussed. Finally, I will draw some conclusions.