NCJ Number
130126
Journal
Journal of Law and Society Volume: 18 Issue: 1 Dated: special issue (Spring 1991) Pages: 135-154
Date Published
1991
Length
20 pages
Annotation
Environmental policy and law initiated by the European Community (EC) since 1973 have been relatively successful, and over 100 legal instruments have been enacted.
Abstract
The origin of the EC's environmental policy can be found in the 1972 Stockholm Conference. The legal basis for EC environmental policy rests with the Treaty of Rome and the Single European Act of 1987. Political institutions of the EC responsible for developing and implementing environmental policy include the European Council, the Council of Ministers, and the European Parliament. Environmental policy of the EC focuses on nature protection and water pollution. The question arises as to whether the existence of an EC environmental policy, as opposed to 12 national environmental policies, represents an added advantage for environmental protection in Europe. Even the strongest proponents of an EC environmental policy accept that there is a down side. There are increasing enforcement problems, and the number of treaty violations is rising. The policy has generated significant public law developments, such as a recent directive on freedom of access to information on the environment and major proposals on wildlife habitats, waste disposal, and carbon emissions. As environmental issues assume more importance in global, national, and regional political arenas, a credible EC policy must be able to maintain flexibility and coherence. 114 notes and references