UPORABA IN UINKOVANJE DIREKTIV S PODROJA VARSTVA OKOLJA V UPRAVNIH IN SODNIH POSTOPKIH APPLICABILITY AND EFFECT OF DIRECTIVES FROM THE SPHERE OF ENVIRONMENTAL PROTECTION IN ADMINISTRATIVE AND LEGAL PROCEEDINGS
The article discusses the principles of direct effect, direct applicability and consistent interpretation, applied for EU directives on environmental protection. It further analyses why it is necessary to apply these principles ex ofcie by state authorities and courts. Environmental protection is mostly regulated with directives which, however, are designed to protect the environment in public interest. This characteristic inuences the understanding of direct effect, since the right of an individual is not in the forefront and hence questions the direct effect's applicability. Still, there is no signicant deviation from general rules on direct effect. Additionally, the author explains that the application of these principles is not only an obligation but often a welcome help as well.
Giving Effect to Public International Law and European Community Law before Domestic Courts. A Comparative Analysis of the Practice of Consistent Interpretation
This paper explores the differences between and the similarities of how domestic courts - mainly the Dutch - apply two distinct forms of non-domestic law: public international law and European Community law. The article focuses on the application of the principle that in both areas dominates practice: the principle that courts should, whenever possible, construe national law in conformity with, respectively, public international law and European Community law. The article systematically compares how courts employ this principle. On the basis of a detailed analysis of the relevant national case law and the case law of the European Court of Justice (ECJ), it is argued that there is no fundamental divide between the application of public international law and EC law (despite the theoretically opposing starting points); differences in application are a matter of degree not of principle. The principle of consistent interpretation proves to be effective and of great practical importance in both areas and further testifies of the similarities in the impact of the two areas on domestic law.
Directives in European Community Law : A Study of Directives and their Enforcement in National Courts
This text offers a detailed exposition of EC directives, individuals' rights and their protection in national courts. A lucid, practical approach employing the examination of case law enables this study to shed light on the various lines at work within the the Court's case law with regard to individual rights and to investigate the ways in which these lines may confront each other. This is intended for practitioners, officials, judges and anyone interested in the effect of EC law in any European jurisdiction.