Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, pursuant to the oral contribution by the Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs, of 18 October 2016, Official Report, column 300WH, on environmental protection, for what reasons judgments can be made by (a) judicial review, (b) the European Court of Justice and (c) the European Commission; what the scope is of such judgments; and if she will make a statement.

(a) Judicial review is the process by which the Court supervises the lawfulness of the actions and decisions of inferior courts and tribunals, public bodies and individuals who carry out public duties and functions. Judgments can be given on grounds including illegality, irrationality or unreasonableness, fettering discretion, unlawful delegation, procedural fairness, legitimate expectation and breach of the European Convention on Human Rights.

(b) The Court of Justice of the European Union examines the legality of EU measures and provides for the uniform interpretation and application of EU law. Judgments may be given in infraction proceedings, direct actions against EU institutions or Member States, preliminary references from national courts or requests for opinions.

(c) The European Commission does not give judgments. But it is given the power under the Treaties to bring infraction proceedings against a Member State where the Commission considers that the Member State has failed to fulfil an obligation under the Treaties.