The visibility of environmental rights in the EU legal order: Eurolegalism in action?

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Series Details Volume 25, Number 11, Pages 1589-1609
Publication Date November 2018
ISSN 1350-1763 (print) | 1466-4429 (online)
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The current article responds to a key puzzle and a question. First, why, given the potential for ‘rights talk’ that has been seen in other countries and other policy areas, have environmental rights in the European Union (EU) legal order been relatively invisible until recently? And second, with Daniel Kelemen’s influential work on Eurolegalism arguing that the EU has become much more reliant on United States-style adversarial legalism, including a shift towards rights-based litigation, do EU environmental rights fit the picture Kelemen has painted, or are they an exception? The article explores the visibility of EU environmental rights at EU level and then seeks to explain the possible reasons for visibility/invisibility.

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