Protecting the Environment Through Union Sanctions. The Many Facets of the Enforcement of EU Environmental Law

The Chapter looks at the use of sanctioning powers within the EU Common Environmental Policy. The analysis shows that the EU stands out when it comes to the enforcement of environmental rules, if compared with Member States and other international organizations. The Chapter first looks at the legal tools available to the EU institutions, in particu-lar the Commission and the Court of Justice, to ensure compliance with EU environmental law by Member States. Furthermore, the analysis con-siders the capacity of the EU to ensure compliance with environmental law by individuals. Lastly, the Chapter specifically focuses on the so-called environmental crimes Directive (ECD), whose potentialities are still to be fully tested. In particular, it is argued that the powers entrust-ed onto Member States to impose sanctions under their domestic legisla-tion might not provide results complying with the ultimate rationale of the ECD, i.e. harmonization