Participation Through Law Enforcement

Abstract

This article provides a comparative framework for understanding processes of decentralized law enforcement in the European Union (EU). In particular, the analysis proposes how decentralized EU law enforcement mechanisms can increase opportunities for participation of citizens and firms, but only if they possess domestic courts access and sufficient resources to use it. The article undertakes a systematic analysis of noncompliance with EU environmental law to examine this dynamic. The findings reveal a major paradox for the enforcement of EU law: the empowerment of the already powerful. This paradox has major implications for the potential of expanding judicial power in the EU and at the international level to bring more democracy to international politics.