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Watering Down the C ourt of J ustice? The Dynamics between Network Implementation and A rticle 258 TFEU Litigation
Author(s) -
Korkeaaho Emilia
Publication year - 2014
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12076
Subject(s) - enforcement , action (physics) , anticipation (artificial intelligence) , legislation , function (biology) , business , operations research , computer science , political science , law , engineering , biology , physics , artificial intelligence , microbiology and biotechnology , quantum mechanics
With the establishment of an administrative network to manage implementation of the W ater F ramework D irective ( WFD ), a more consensual approach to judicial enforcement seemed like a natural next step. This anticipation was partially derived from the experimentalist nature of the WFD , requiring concerted action in the specification and application of its open‐ended and broad provisions. This article assesses how important changes in WFD implementation practices shape the role played by the C ourt of J ustice with respect to A rticle 258 T reaty on the F unctioning of the E uropean U nion. The examination of the WFD litigation reveals interesting tensions. Network‐based implementation practices keep M ember S tates accountable for the progress of implementation and make a subsequent legal action swifter. At the same time, implementation practices remove from courts those issues that may be better solved by network participants. The results show how the function and exercise of judicial enforcement is influenced by the ways in which legislation is implemented.