EU Environmental Policy and the Role of Public Authorities in the Perspective of Administrative Law

While it is becoming increasingly evident that environmental issues, such as climate change and global warming, constitute existential threats to human societies, the legal systems still seem unable to find a proper balance between economic growth and environmental protection. Looking at the topic from an administrative law slant, this article reflects on the role of public authorities that even though, by vocation, have traditionally played a key role in the governance of environmental issues, since the 1990s have been partially downsized by the faith in market-based measures. The last trend in EU Environmental policy testifies that, despite still being characterized by a mixture of regulatory and economic instruments, traditional ‘command and control’ measures have been strengthened. The article discusses the new approach to the ecological challenge, underlying the persistent need for a stronger role of public powers to secure compliance with environmental policy.