The Czech Republic v Poland (Mine de Turów): Politics and implementation of the EU Water Framework Directive

Abstract

An international dispute between the Republic of Poland and Czechia over the Turów mine has recently resulted in infringement proceedings brought before the Court of Justice of the European Union concerning the implementation of the Water Framework Directive. This case and the judicial and extrajudicial processes surrounding it facilitate an assessment of the procedure provided for in Articles 258 to 260 of the Treaty on the Functioning of the European Union. The assessment of this procedure is undertaken both in terms of the achievement of the internal policy objectives of the Member State and in terms of the effectiveness of the implementation of European law. We argue that this procedure (under Articles 258–260 of the Treaty on the Functioning of the European Union) is effective in both connections, because it provides a wide range of opportunities for both the judicial authorities of the European Union and the Member States themselves to achieve their objectives.