The implementation and enforcement of European community environment legislation

Abstract

The credibility and acceptability of European Community environment legislation depends to a large extent on its implementation ‘on the ground’. This paper considers the problems facing member states when they come to implement Community environment legislation. In recent years greater attention has focused on this aspect of the EC environmental policy process. The first and second sections of the study consider respectively the state of implementation in the member states and those characteristics of the Community legislative process which have an impact on implementation. The final two sections assess Community enforcement mechanisms and the means through which implementation may be improved. It is suggested that a centralised Community inspectorate, though probably desirable, is at present politically unrealistic if not possibly inappropriate. The development of the alternative ‘inspection of inspectors’ concept is outlined.