The objective of the Environmental Impact Assess- ment (EIA) Directive is to select proper project alternatives with the view of minimizing and compen- sating for impacts, to ensure the best achievable state for the environment. Legalization of projects imple- mented without conducting an EIA at the relevant stage of the investment process is permissible on an exceptional basis. This paper discusses the conditions set out in this scope by the Court of Justice of the European Union (CJEU) and presents a possible system for executing these conditions in administrative practice.
European Energy and Environmental Law Review