The Environmental Liability Directive 20 years on: a critical evaluation

In 2004, the Environmental Liability Directive (ELD) was adopted. It was a disputed but ambitious attempt to create a European environmental liability regime to ensure the prevention and restoration of environmental damage in the European Union. In 2023, an evaluation of the ELD was performed by the European Commission. The results of this evaluation are yet to be published. This article aims to critically evaluate, nearly two decades after the adoption of the ELD, its effectiveness regarding the prevention and remedying of environmental damage within the European Union and to anticipate the possible outcome of the 2023 Evaluation.