Subsidiarity – A Conventional Industry Defence. Is the Directive on Environmental Liability with Regard to Prevention and Remedying of Environmental Damage Justified under the Subsidiarity Princ

Abstract

Summary: Is the ``Directive on Environmental Liability with regard to prevention and remedying of environmental damage'' justified under the subsidiarity principle? This article examines the pros and cons of arguments submitted by recognised lawyers, non-governmental organisations and industry on the one hand to show whether the agreed Directive complies with the principle of subsidiarity as set out in the Treaty establishing the European Community (ECT) but on the other that the Community institutions have failed in their duty to adequately observe the application of the subsidiarity principle. The author draws two conclusions: the subsidiarity principle remains a ``dynamic concept'' and the Commission, Parliament and Council have collectively failed to acquit themselves of their duty to justify the Directive.