The legitimacy of EU environmental governance and the role of the European Courts
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Oxford : Oxford University Press, 2025, Collected Courses of the Academy of European Law ; XXXIII/1
Collected courses of the Academy of European Law; [AEL]
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ELIANTONIO, Mariolina, LEES, Emma Frances Inglis (editor/s), The legitimacy of EU environmental governance and the role of the European Courts, Oxford : Oxford University Press, 2025, Collected Courses of the Academy of European Law ; XXXIII/1, Collected courses of the Academy of European Law, [AEL] - https://hdl.handle.net/1814/93110
Abstract
European courts have an important role to play in contributing to the legitimacy of EU environmental governance. Their role in holding to account and scrutinizing administrative and legislative acts is critical to the overall legitimacy of the political system. However, the boundaries of legitimacy in governance are themselves being shaped by the environmental context. This volume explores how the environment affects the ways in which the courts can support the legitimacy of EU governance, and, in turn, what the courts themselves bring to the table in enhancing that legitimacy. The Legitimacy of EU Environmental Governance and the Role of the European Courts considers soft law, human rights, the environmental principles, judicial procedures and remedies, and the wider European law context, to examine the dynamics which shape the courts' contributions to legitimacy. Bringing together leading authors in EU constitutional and administrative law and EU environmental law, this book explores the ways in which environmental degradation is shifting how the courts, and we, assess what legitimate governance actually consists of.
Table of Contents
-- 1 Legitimacy: What's in a Name?
-- 2 Walking the Tightrope: Legitimacy and the Use of Environmental Soft Law in the European Courts
-- 3 Environmental Principles and Legitimacy: Power-Allocation, Knowledge Gaps, and Coherence
-- 4 Environmental Protection in a Free Market: Member States' Room for Manoeuvre
-- 5 Fundamental Rights to Climate Protection in Europe: Can the Judiciary Leverage the Legitimacy of Environmental Governance?
-- 6 Scientific Uncertainty before the EU Courts, Boards of Appeal, and National Courts in Environmental Matters
-- 7 EU Environmental Law: A Complete and Effective System of Remedies before the Courts of the European Union?
-- 8 Conclusions
-- Index
Additional Information
Published: 09 July 2025