Ra. Cichowski, INTEGRATING THE ENVIRONMENT - THE EUROPEAN COURT AND THE CONSTRUCTIONOF SUPRANATIONAL POLICY, Journal of European public policy, 5(3), 1998, pp. 387-405
The European Court of Justice operates to expand the integration proje
ct by serving as an arena for transnational political action carried o
ut by national and supranational policy actors. This article examines
this dynamic through the evolution of environmental protection policy
in the European Union.(1) The data presented in this analysis pertain
to Article 177 of the Treaty of Rome. The Article 177 procedure reveal
s the Court's role in constructing European environmental law, and als
o the integral role that national judges and private litigants (indivi
duals and interest groups) play in deepening integration. Furthermore,
this procedure reveals a Court which often acts in opposition to nati
onal government preferences. The general framework proposed by this an
alysis is appropriate for examining the case law in subsequent policy
areas.