NDLI: Enforcement of Environmental Law by Individuals and Interest Groups: Reconceptualizing Standing

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Enforcement of Environmental Law by Individuals and Interest Groups: Reconceptualizing Standing

Content Provider	Semantic Scholar
Author	Godt, Christine
Copyright Year	2000
Abstract	The paper argues that environmental law can learn from consumer law as far as standing is concerned. Valuable guidance can be given to both individual and collective action. Consumer law rests on a well-founded concept of a double-track procedural system of complementary individual and collective enforcement that has undergone a considerable development over the years. With special reference to the European Court of Justice decision C-321/95 P (Greenpeace International and 18 Others v. Commission) of 2 April 1998, three arguments are put forward. Firstly, environmental law may learn from consumer law by adopting the EC approach to confer direct effect to secondary law. This empowers the individual with respect to environmental as well as participatory ends. Secondly, environmental law may espouse modern approaches with respect to the standing of associations. Thirdly, theories of judicial review need to be rethought, taking into account the new conflicts that emerge from EC integration.
Starting Page	79
Ending Page	105
Page Count	27
File Format	PDF HTM / HTML
DOI	10.1023/A:1006390802191
Alternate Webpage(s)	https://uol.de/fileadmin/user_upload/wire/fachgebiete/eurowr/download/Texte/Enforcement%20of%20Environmental%20Law%20by%20Individuals%20and%20Interest%20Groups.pdf
Alternate Webpage(s)	https://doi.org/10.1023/A%3A1006390802191
Volume Number	23
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article

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