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Since the European Union was founded, it has expanded its involvement to environmental policy. The European Court of Justice faces an increasing number of environmental cases in response to uncertainty regarding the appropriate role of the EU in this policy area. Specifically, the ECJ faces questions involving the appropriate balance between European economic and environmental interests, and the ... read morerights of EU institutions versus the rights of Member States to implement environmental policy. The ECJ uses tools such as the preliminary reference procedure, the infringement procedure, and the proportionality principle to address these challenges. Based on analysis of key European Court of Justice environmental cases, I find that the ECJ has played an inconsistent, but overall positive role in the development of European environmental policy.read less
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