The Legitimacy of EU Environmental Governance and the Role of the European Courts
Emma Lees · Mariolina Eliantonio
Jun 2025 · Oxford University Press
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288
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About this ebook
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.
About the author
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.
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