LAUSR

ABSTRACT There have been important changes in the enforcement of European Union environmental law over the last 25 years. Environmental law has traditionally been reliant on the European Commission, but the Commission has started to withdraw from enforcement. Instead, it is undertaking efforts to ‘outsource’ enforcement to environmental non-governmental organisations (NGOs) by systematically promoting access for such groups to national courts. While the Commission has indicated that it sees centralised and private enforcement as substitutes, the advantages and drawbacks of each mechanism are evaluated and it is concluded that both mechanisms have an important role to play. In particular, the private enforcement of EU environmental law is dependent on national opportunity structures that are unlikely to ever be fully liberalised and harmonised by EU procedural law. Private enforcement is therefore not a panacea for compliance problems, and the growing absence of a central enforcing authority is a cause for concern.