Post - accession compliance and the environmental acquis in Poland : putting the EU enforcement mechanisms to the test?

Abstract

The enlargement wave of 2004 led to the reunification of a divided continent and to the transformation of the EU. Accession required radical reforms in all fields, including the integration of the environmental acquis and the candidate countries had to adapt their environmental policies in order to achieve membership. This paper seeks to examine the post-accession compliance of Poland with EU Environmental legislation. More specifically, it will explore whether the pre-accession conditionality influenced Poland’s behavior after membership was achieved and whether the enforcement of EU environmental law has been adequate and effective. It will be argued that democratic backsliding has spillover effects on other sectoral policies, not directly linked to the rule of law, such as environmental protection. In this direction, this paper will present the notion of environmental rule of law and evaluate the implementation of European Union environmental legislation via infringement procedures instigated by the Commission against Poland. It will then assess the effectiveness of the enforcement mechanisms of the EU, highlighting their inherent inefficiency to effectively deal with violations of EU environmental law, since they were designed before the inclusion of the environment to the objectives of the Union and propose solutions to address environmental backsliding.