The European Community Environmental Legal System
Editors' Summary: Serious environmental problems, rising environmental activism, and growing European Community (EC) power have produced important and ambitious environmental initiatives from the EC, as well as increased attention on the effective application of existing Community environmental law. The 1990 EC Commission report on the application of Community environmental law highlighted the inadequate and erratic implementation by member states of Community environmental law. As the EC moves toward an internal market without frontiers, however, Community-wide environmental law becomes increasingly important, and EC institutions attempt to tighten both EC legislation and member state implementation.
This Article outlines the anatomy of the EC and discusses the basis of EC power to adopt environmental measures. The authors first examine the EC's ability to legislate on environmental issues, the different legislative processes employed, and their effects on member states and implementation. The authors then survey the developing structure of Community environmental law by discussing and assessing the Community regulatory framework, including environmental impact assessment requirements, air protection regulation, water protection requirements, waste management legislation, chemical and dangerous substances regulation, and the quickly evolving civil liability regime in the Community. The authors conclude that Community law cannot be regarded independently of member state law and that growth of the Community environmental framework will continue as the EC moves toward the ideals of an internal common market.