Mapping the (in)Effective Enforcement of EU Environmental Law in Greece: Lessons from the EU and Domestic Courts

Abstract

The effective implementation and enforcement of EU environmental law at national level constitutes a thorny issue with both legal and practical aspects. Greece is among the EU Member States which has historically faced difficulties in complying with the EU environmental acquis due to the poor functioning of the Greek administration, the limited manpower, expertise and resources (especially during the recent period of the economic crisis) for the competent authorities, the lack of political will, the low awareness of environmental problems. In this context, this paper aspires to unpack these enforcement challenges at the national level based on the case law of both the Greek Council of State and the Court of Justice of the European Union. Considering that waste management, nature protection, and water and air quality sectors are recognized as areas with the most significant deficiencies in implementation at the domestic level, the analysis will focus on these four key sectors. To this end, by reviewing the relevant EU and Greek jurisprudence, this paper aspires to identify the disparities between the formal requirements and the practical application of EU environmental regulations in Greece in light of the national political, economic, social, and cultural dynamics.