Lock, Tobias
(2013)
Are there exceptions to a Member State’s duty to comply with the
requirements of a Directive?
Common Market Law Review, 50 (1).
pp. 217-230.
ISSN 0165-0750
Abstract
This decision by the Grand Chamber of the Court of Justice is characterized
by an unusual factual situation resulting in a legal dilemma for the referring
court. That court had to decide whether to annul a programme adopted in
accordance with one EU directive because no environmental assessment
had been carried out as required by another directive. The problem was that
if the programme were annulled, the Member State would be in breach of
the first directive; whereas if it was upheld the breach of the other directive
would persist. The judgment raises important questions of national procedural autonomy, whether procedural requirements can be overridden by
substantive considerations and, more generally, whether there is a right for
Member States to derogate from directives. It is argued that by allowing the
Member State to temporarily uphold the validity of the programme the
Court has reached the correct conclusion, albeit on the basis of an unsatisfactory argument.
| Item Type: |
Article
|
| Keywords: |
exceptions; Member State; comply; requirements; ECJ Directive; Court of Justice; European Union; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
12247 |
| Depositing User: |
Tobias Lock
|
| Date Deposited: |
23 Jan 2020 17:04 |
| Journal or Publication Title: |
Common Market Law Review |
| Publisher: |
Kluwer Law International |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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