Integrating the environment: the European Court and the construction of supranational policy

Abstract

The European Court of Justice operates to expand the integration project by serving as an arena for transnational political action carried out by national and supranational policy actors. This article examines this dynamic through the evolution of environmental protection policy in the European Union. The data presented in this analysis pertain to Article 177 of the Treaty of Rome. The Article 177 procedure reveals the Court's role in constructing European environmental law, and also the integral role that national judges and private litigants (individuals and interest groups) play in deepening integration. Furthermore, this procedure reveals a Court which often acts in opposition to national government preferences. The general framework proposed by this analysis is appropriate for examining the case law in subsequent policy areas.