The Implementation of European Environmental Directives: Are Problems Caused by the Quality of the Directives?

Abstract

European Directives must be implemented in national legislation. Given the large amount of infringement procedures before the European Court of Justice, many mistakes are being made in this implementation process. Problems concerning the quality of Directives, such as a lack of coherence between Directives, unclear terms and definitions, questions concerning the scope of Directives et cetera, are not felt at the European level, but place the Member States in a difficult position when implementing the Directives. This article shows how these factors contribute to the occurrence of implementation problems in the field of environmental law. These problems cannot be solved by the Member States, but should be taken into account in the legislative process at the European level