By Reinhard Slepcevic
This booklet is the results of doctoral experiences that i began in October 2004. on the outset, I in simple terms knew that i needed to paintings on curiosity teams and litigation within the context of the eu Union. at the moment, i wouldn't have believed that i'd locate myself a while later traveling part Western Europe to interview environmental organizations, nor that i'd learn French, German and Dutch courtroom rulings at the safeguard of endangered species whose names have been thoroughly unknown to me. but I by no means regretted my number of subject, and with a bit of luck the subsequent chapters will persuade the reader that it truly is certainly an issue that benefits our consciousness. i wouldn't were in a position to deal with the entire pitfalls of a protracted study undertaking with no the robust and enduring help of my acquaintances and associates. either individually and academically, i've got profited vastly from my 3 years as a doctoral scholar on the division of political technology on the Institute for complicated reviews (Institut für Höhere Studien) in Vienna, Austria. i'm greatly indebted to Gerda Falkner, Oliver Treib, Sylvia Kritzinger and Irina Michalowitz for setting up this sort of nice programme which allowed me and my colleagues to interact in extensive discussions with notable educational students resembling Alec Stone-Sweet, Paul Pierson, James Caporaso, Frank Schimmelfennig, Klaus Goetz, Andrea Lenschow, Katharina Holzinger and Hellen Wallace.
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Extra info for Litigating for the Environment: EU Law, National Courts and Socio-Legal Reality
The old problem of ‘too many variables, too few cases’ becomes obvious. Second, Bouwen/McCown deal with the question of under which conditions business interest groups of firms will turn to the courts. 4, however, my focus is exclusively on public interest groups facing particular problems. The Bouwen/McCown approach thus requires adaptation. Third, although all authors emphasise the importance of resources and access to courts, they do not discuss the possible interaction between these variables, which may lead to mitigating effects.
In order to answer this question at a theoretical level, I combine different existing and well-established theories with a ‘stage model’. In a nutshell, my argument runs as follows: in order to explain the differing effects of public interest group litigation aimed at the correct implementation of European law, three causally connected stages need to be considered (1st stage: litigation – 2nd: interpretation – 3rd: reaction). At each of these stages, the focus is on the behaviour of one key actor (1st stage: public interest groups; 2nd: the national courts; 3rd: the competent national authorities).
Furthermore, it will only have very limited effects or even fail altogether if one single variable shows restrictive characteristics, even if the others are conducive. Therefore, as all the hypotheses identified so far only focus on the individual effect of the variables on the potential for law enforcement through the courts, an underlying thesis needs to be added: Public interest group litigation will only have its full effect if all the independent variables display characteristics conducive to law enforcement through the courts.
Litigating for the Environment: EU Law, National Courts and Socio-Legal Reality by Reinhard Slepcevic