The study analyses and evaluates the enforcement of environmental Community law by German administrative law as well as the national law of the EU Member States. For these purposes, the efficiency of national administrative measures in guaranteeing the protection of the environment as requested by specific European Directives and Regulations is illustrated in theory and practice.

Project Objectives

The study aims to determine if there is a need for Community legislation to ensure the enforcement of European environmental law in the Member States.To this end, national administrative measures concerning selected Council's Directives and Regulations in the sectors of waste, nature protection, ozone, genetic engineering and industrial pollution are listed in tables first.

Thus, an overview of the activity of the administrative authorities in the Member States is provided. Furthermore, the national administrative regime in the sector of the environment is described and analysed in national reports. For these purposes, the appropriateness of the administrative measures to enforce European environmental law with regard to the practical experience of the competent administrative authorities and in comparison with criminal measures is examined.

Ecologic is consigned as a national expert to assign the administrative measures provided by the German regulatory law to the relevant Community law and to analyse them.

Background

The role of environmental Community law in the EU Member States is of increasing importance. This study on measures others than criminal ones shall furnish an answer to the question of whether administrative measures are provided for the case of violation of environmental Community law by the national law systems, and whether these measures are appropriate to prevent contravention or to sanction it in an efficient way.

For the same reason, the European Commission developed previous comparative studies on criminal measures in cases of the violation of environmental Community law.