European Environmental law in the Dutch Polder

Abstract

This article which is based on my (Dutch) Ph.D. thesis De implementatie van het EG-milieurecht door Nederlandse decentrale overheden (Deventer, 1998) focuses on the role the decentralized authorities have in implementation of EC environmental law in the Netherlands. Decentralized authorities must observe EC law. After all, the principle of loyalty to the Community is not only addressed to the central government but to all bodies invested with public power. Consequently, the obligation of Article 10 (ex Article 5) EC Treaty applies also to decentralized authorities. In the Netherlands decentralized authorities play an important part in the implementation and application of environmental law. The importance of European environmental law has grown steadily in recent decades. In many cases, in the Netherlands, decentralized authorities are the competent authorities for implementing EC directives and regulations in the field of the protection of the environment. The central question to be discussed in this article is therefore which requirements Community law imposes on the implementation of Community environmental legislation by national decentralized authorities.