Immovable Object Meets Irresistible Force

Poor compliance with EC law on the environment is an established problem for the EU. It poses significant problems for the environment but also raises fundamental questions about the Commission’s ability to ensure regard for the rule of EC law. Ireland is one of the most serious offenders in this context with an established track record of systemic non-compliance and a clear political willingness to protract infraction proceedings over many years. Case C-215/06 is the latest in a series of European Court rulings against Ireland. It is important for two reasons. First, it demonstrates Ireland’s commitment to facilitating development and disregard for the rule of EC law. Secondly, it raises important questions about the infraction process itself. Although the slow pace of enforcement action has been justifiably criticized, ultimately the credibility of the process depends on whether it is perceived by Member States as an irresistible legal force even in the context of entrenched national resistance.