Transnationality in the E IA and SEA Directives and the Blind Spots of Judicial Control

This article examines the transnational aspects of the Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) Directives. It analyzes the mechanisms for transnational administrative cooperation, including the issuance of transnational administrative acts, and explores the challenges posed by differing administrative practices and those linked to the availability of an effective remedy. Using the French Dunkirk offshore wind farm project as a case study, the paper highlights the complexities of transboundary consultations and judicial review of transnational administrative acts. It argues that these procedures, while essential for integrating foreign interests into domestic decision-making, often face hurdles related to the principle of territoriality, the discretion of Member States, and the composite nature of decision-making. The article underscores the need for enhanced coordination, clear procedural guidelines, and mechanisms ensuring effective remedies to address the limitations in cross-border environmental governance.