ABSTRACT

The Community’s environmental policy has developed apace since the early 1970s with the adoption of more than 300 pieces of legislation, and yet, despite this activity, it is clear that the state of the environment continues to decline. 1 Too often both lawyers and politicians appear satisfied to see legislation adopted without having considered either the difficulties involved in practical application, or whether there are suitable mechanisms in place at a Community or national level to ensure effective enforcement. The 1992 House of Lords report on implementation and enforcement of EC environmental legislation for example concluded that

[i]mplementation and enforcement of environmental legislation go to the heart of the Community’s policy. But Community environmental legislation is being widely disregarded, and the Community has paid insufficient attention to how its policies can be given effect, enforced or evaluated … substantial changes in attitude are required. 2