Watering Down the Court of Justice? The Dynamics between Network Implementation and Article 258 TFEU Litigation

Abstract
With the establishment of an administrative network to manage implementation of the Water Framework Directive (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 Court of Justice with respect to Article 258 Treaty on the Functioning of the European Union. The examination of the WFD litigation reveals interesting tensions. Network-based implementation practices keep Member States 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.

• Primary Source

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