Informationen zum Autor Mariolina Eliantonio is a Professor of European and Comparative Administrative Law and Procedure at Maastricht University. Her research focuses on the role of EU and national courts in the process of European integration. She was the organiser of the 2022 edition of the EUI Academy of European Law Summer School on The Law of the European Union and she has held visiting positions in several universities. She teaches courses on European and comparative administrative law. Emma Lees is a Professor of Environmental and Property Law and a Fellow of Downing College at the University of Cambridge. From 2021 to 2024 she was on special leave at the European University Institute, Florence, as Professor of Transnational Law. Professor Lees' research focuses on all aspects of national and European environmental law but has a particular focus on land use controls and biodiversity protection rules. She also has a broad research interest in land law, landlord, and tenant law. Klappentext 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. Zusammenfassung This volume examines how European courts and quasi-judicial bodies, contribute to the legitimacy of EU environmental governance. It examines 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. Inhaltsverzeichnis 1: Mariolina Eliantonio, Michal Krajewski, and Emma Lees: Legitimacy: What's in a Name? 2: Mariolina Eliantonio and Danai Petropoulou Ionescu: Walking the Tightrope: Legitimacy and the Use of Environmental Soft Law in the European Courts 3: Emma Lees: Environmental Principles and Legitimacy: Power-Allocation, Knowledge Gaps, and Coherence 4: Nicolas de Sadeleer: Environmental Protection in a Free Market: Member States' Room for Manoeuvre 5: Gerd Winter: Fundamental Rights to Climate Protection in Europe: Can the Judiciary Leverage the Legitimacy of Environmental Governance? 6: George Iordachescu and Michal Krajewski: Scientific Uncertainty before the EU Courts, Boards of Appeal, and National Courts in Environmental Matters 7: Luca Prete: EU Environmental Law: A Complete and Effective System of Remedies before the Courts of the European Union? 8: Mariolina Eliantonio and Emma Lees: Conclusions ...

Klappentext

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.

Inhalt

• 1: Mariolina Eliantonio, Michal Krajewski, and Emma Lees: Legitimacy: What's in a Name?

• 2: Mariolina Eliantonio and Danai Petropoulou Ionescu: Walking the Tightrope: Legitimacy and the Use of Environmental Soft Law in the European Courts

• 3: Emma Lees: Environmental Principles and Legitimacy: Power-Allocation, Knowledge Gaps, and Coherence

• 4: Nicolas de Sadeleer: Environmental Protection in a Free Market: Member States' Room for Manoeuvre

• 5: Gerd Winter: Fundamental Rights to Climate Protection in Europe: Can the Judiciary Leverage the Legitimacy of Environmental Governance?

• 6: George Iordachescu and Michal Krajewski: Scientific Uncertainty before the EU Courts, Boards of Appeal, and National Courts in Environmental Matters

• 7: Luca Prete: EU Environmental Law: A Complete and Effective System of Remedies before the Courts of the European Union?

• 8: Mariolina Eliantonio and Emma Lees: Conclusions