Beyond leaders and laggards: Member State compliance with European Union environmental law

Abstract

This chapter explores the challenges European Union (EU) Member States face in complying with EU environmental law, emphasizing both administrative capacity and political willingness. While administrative capacity is essential for compliance, political will becomes a key factor in states with strong governance structures. Traditionally, countries like Germany, the Netherlands and Sweden have been seen as environmental leaders, but growing resistance to the costs of green transitions challenges this perception. The chapter takes issue with the conventional “leader-laggard” framework and offers a more nuanced assessment of compliance patterns.Using empirical data from infringement procedures and third-party enforcement, it highlights discrepancies between Commission priorities and domestic legal actions. Additionally, case studies of Germany, the Netherlands and Sweden illustrate decentral enforcement efforts that largely bypass EU institutions. This analysis broadens the understanding of compliance with EU environmental law beyond simplistic categorizations.