Publication details
Řízení před vnitrostátnimi soudy jako nástroj zajištění efektivity unijního práva životního prostředí
| Title in English | Proceedings Before National Courts and the Effectiveness of EU Environmental Law |
|---|---|
| Authors | |
| Year of publication | 2020 |
| Type | Article in Proceedings |
| Conference | Správne súdnictvo a ochrana životného prostredia |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Keywords | Court of Justice; environmental law; judicial review; preliminary questions; direct effect |
| Description | This paper deals with the requirements for the courts and judges of the Member States to ensure the effectiveness of EU environmental law. It first focuses on how the judges themselves view the application of EU law and what obstacles prevent them from working effectively, then focuses on the specific requirements of judicial review ob both national and EU acts. Attention is paid to conclusions that do not arise from explicit provisions of primary or secondary EU law but are derived by the CJEU in its case law. The author concludes that national judges lack information service and professional training to gain experience in EU environmental law enforcement. To ask the Court of Justice for a preliminary ruling concerning the legality of the EU acts, the national courts need to understand the wider context of the act in question. For a proper judicial review of the national acts, the judges need to follow the recent case law of the Court of Justice which stipulates further requirements regarding, inter alia, access to judicial protection of the public concerned or the possibility of maintaining an illegal act in force. |