eu legislation on waste 2011- european commission workshop on eu legislation waste © 2010 microsoft...

EU LEGISLATION ON WASTE

2011- European Commission

WORKSHOP ON EU LEGISLATION

WASTE

© 2010 Microsoft Corporation. All rights reserved.

EU environmental law and national courts : an introduction



2011- European Commission 2

Objectives and legal basis for EU environmental law

• Art 3(3) TEU – objectives of the EU: • “The Union shall work for sustainable development of

Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment”.

• Art 191, 192 and 193 TFEU (replacing Articles 174, 175, 176)

• Art 191(4): a new legal basis for climate change

• Art 194: a new legal basis for EU energy policy



• Role of the Commission:– Guardian of the Treaties: Art 17 TEU

– Specific procedures in Art 258 and 260 TFEU

• Role of national judges and role of the Court of Justice of the European Union

– The concept of « direct effect »

– Interpretation of national law in conformity with EU environmental law

– Preliminary rulings

Two ways to ensure compliance with EU law:



The mission of the Commission

Article 17 TUE

“The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union.(…)

2. Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise (…)”



Bringing a case to the Court of Justice Article 258 TFEU

«If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.

If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union. »



• 3 types of infringement procedures: • Non-communication cases• Non-conformity cases• Bad-application cases

6



2 months for reply

Infringement procedure in practice

Court of JusticeLetter of formal notice Reasoned Opinion

Technicalmeetings

2 months for reply

Technicalmeetings

Judgement ofthe ECJ,financial penaltiesArt. 260/3 TFEU



Infringements of EU ENV law by country (1 September 2010)

46

810 11 12 12 12 12 12 12 13 13 13 13

1921

23 23 2326 26 26

31

3942

52

0

10

20

30

40

50

60

LV NL SIM

TDK AT

CY DE FILU

SK EE HU LTSE BG UK BE CZ

FR PL PTRO IE EL

ES IT



Infringement of EU environmental law by topic (1 September 2010)

Impact10%

Water23%

Information3%

Air15%

Chemicals15%

Nature19%

Waste15%



Second referral to the Court

• Article 260(2) TFEU

• “If the Commission considers that the Member State concerned has not taken the necessary measures to comply with the judgment of the Court, it may bring the case before the Court after giving that State the opportunity to submit its observations. It shall specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances.”



• In practice, both a lump sum and a daily penalty will be asked (C-304/02; Commission v. France)

• Daily penalty = uniform flat rate per day multiplied by factors reflecting duration and seriousness of breach and a factor ensuring a deterrent effect of the penalty



Second referral to the Court in practice

2 monthsfor reply

Court of JusticeLetter of formal notice

Technicalmeetings

Penalties andlump-sum

Second judgmentof ECJ

First judgment ofECJ



Article 260 cases involving EU environmental law by country (1 September 2010)

1 1 1 1

2 2 2

3 3

4

5 5

8

11

12

0

2

4

6

8

10

12

14

AT CZ EE NL LU MT SE BE UK ES FR PT EL IE IT



Action at the level of national courts and the concept of direct effect

• A provision of EU law has direct effect (can be invoked and relied on by individuals before national courts), if:

– it is intended to confer rights on individuals and– if it is sufficiently clear, precise and unconditional

• National judges are « EU law judges »• Applies to all binding EU law

– Treaty provisions– Regulations– Decisions



Direct effect and directives

– Vertical direct effect of directives (C-8/81-Becker)

– No inverse vertical direct effect of directives (Rs. 80/86-Kolpinghuis Nijmegen)

– Horizontal direct effect (Rs. 152/84-Marshal; Rs. C-443/98-Unilever)

– Horizontal side-effects of vertical effect–triangular situations (Rs. C-201/02-Wells)

Consequences of direct effect: Integral application of EU law



The doctrine of consistent interpretation

• Obligation to interpret national law in conformity with EU law (C-14/83 Von Colson)

• Even in a litigation between private parties (C-106/89 Marleasing)

• All national law, even if it pre-dates the directive and is not designed to implement it (Marleasing + C-62/00 Marks&Spencer)

• “in so far as possible”/ contra lege interpretation not required



• Only after the expiry of the time limit for transposition (C-212/04 Adeneler)– Inter-Environment Wallonie (C-129/96) and Mangold

(C-144/04)• National courts must do it also “on their own motion”

(C-72/95 Kraaijeveld)• Transposition of directives through consistent

interpretation? (C-144/99, Commission vs. Netherlands)



The preliminary reference mechanism

Art 267 TFEU (old article 234 TEC) interpretation of EU Treaty and interpretation and validity of acts of EU institutions

(even non-binding)Obligation for Supreme courts, possibility for

ordinary courtsFunction and importance of the preliminary

reference mechanism: the co-operation between national courts and ECJ



The preliminary reference mechanism (2)

No obligation to refer where:

Precedent i.e. ECJ has already ruled on the matterDoctrine of acte-claire:

The question raised is irrelevant or the correct application of EU law is so obvious as to leave no scope for any reasonable doubt as to the manner to interpret it (C-283/81 CILFIT)



Preliminary references by country (end of 2009)

2004-2009

1961-2003

125 145

222

614

9 12 651

1007

2 7 864

27 1

743

348

2467

2 2 358 81

476

783

0

200

400

600

800

1000

1200

1400

1600

1800

BE BG CZDK DE EE EL ES FR IE IT CY LV LT LU HU M

T NL AT PL PTRO SI

SK FISE

UK

1731



Conclusion : 2 complementary ways to ensure compliance with EU law:

EU law implementation problem

Judgement on failure to fulfilobligations

Referral to a national Court

National judge

Commission is informed or Commission identifies the problem

Commission

Article 267TFEU

Article 258 TFEU

Court of Justice of the European Union

Judgement on preliminary reference

Ruling of nationalCourt



Thank you for your attention!

eu legislation on waste 2011- european commission workshop on eu legislation waste © 2010 microsoft...

Documents

eu legislation waste

waste slide

introduction eu legislation

eu law judges

european commission

provision of eu law

commission article

eu environmental law