The Commission – A sheep in wolf’s clothing..?

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Presentation transcript:

The Commission – A sheep in wolf’s clothing..? Infringements proceedings as a legal tool for the enforcement of EU law on the environment Presentation at the workshop Meeting the European Commission and Academia Brussels 17 June 2016 Professor Jan Darpö Faculty of Law. Uppsala Universitet Intro: Research interests: contaminated land, biological diversity and access to justice. Chair of the TF on A2J under the AC…

Wolf Controversies Strict protection under Bern Convention and EUs Habitats Directive… Re-established in Scandinavia, around 350 animals today, strong conflicts…

Swedish Wolf Hunt 2010 & 2011; Licensed hunt, no ENGO standing, LFN from COM 2012; RO from COM = No hunt… 2013; Licensed hunt, but ENGO standing according to Slovak Brown Bear (C-240/09), decision quashed… 2014; Quashed again…

Swedish Wolf Hunt 2015; Appeals ban introduced, IP2 from COM on A2J, renewed RO on IP1 Decision on licensed hunt, no action from the COM, appeals but hunt performed… Decision on licensed hunt, no action from the COM… HFD in “appeals ban case”, decision quashed, new leg and IP2 withdrawn…

Effective use of IP Dir 96/61/EG (IPPC), Article 5.1 (21 IED); reconsidering & updating… ”2007-regulation”; Information  appropriate measures… Proposal heavily criticized…   Little happened, unwillingness, lack of resources… IP and to CJEU in December 2010…

Effective use of IP, tbc… From 191 to 29 (out of 1 034 installations)... Judgement in March 2012 (C-607/10) New lawsuit in December 2013… From 29 to 2 (1) installations… Judgement in December 2014 (C-243/13) = € 2,000,000 + daily fines €4,000… MKN, kväveoxider o partiklar SNF anmälde 2008 MN beslut i april-09: Trädplanetring, lägre hastigheter, dubbförbud, tung trafik – rådighet SE fällt i CJEU i maj-11 Lst JO-anmält av SNF samma månad Lst beslut i juli-11; partiklarna Sth stad & SNF överklagar…

POLITICAL DECISION-MAKING Weaknesses of IP; 1 POLITICAL DECISION-MAKING Loss of credibility..!! Unpredictable; small & big, differences between countries, personal ambitions… Different areas of EU law; business, telecom, social security, free movement   environment; private actors and national watchdogs   ENGOs…

CIRCULAR DECISION-MAKING Weaknesses of IP; 2 CIRCULAR DECISION-MAKING SEPA and the courts… Environmental law and soft instruments… COM Guidance, LCIE Guidelines… CIS under WFD, Water Directors… Guides COM action, never beyond…

Weaknesses of IP; 3 LACK OF TRANSPARENCY Mystery making of EU… Differences between countries, the Nordic doctrine of openness… Efta and ESA… Technical or political enforcement..?

Lessons to be learned..? A point of no return when entering the formal stages of IP..? Consistency, uniformity, consequence, guidelines… Transparency in the formal stages… But most importantly… The urgency of PR proceedings in environmental cases, as illustrated in the SWEDISH WOLF CASE…

….and finally… THANK YOU FOR LISTENING..!    jan.darpo@jur.uu.se www.jandarpo.se/ In English