EU Environmental Law and the Internal Market

For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.

Auteur

Nicolas de Sadeleer is professor of law at Saint Louis University (Brussels). He plays an active part in debates on EU legal and institutional issues. Author of Environmental Principles (OUP, 2002), and editor of Implementing the Precautionary Principle (Earthscan, 2007), he held various chairs (EU Marie Curie Chair, Jean Monnet Chair) and has taught in a number of universities across Europe.

Contenu

General Introduction; Part I: Introduction to EU Environmental Law; Introduction; 1 Environmental Objectives, Principles, and Criteria of the Environmental Policy in the TEU and TFEU; 2 The Right to Environmental Protection in Treaty Law, in the ECHR, and in the EUCFR; 3 Competences, Powers, and Legal Bases; 4 General Overview of EU Secondary Environmental Law; Conclusions; Part II: The Respect of Treaty Provisions on Free Movement of Goods, Services, and Establishment; Introduction; 5 Free Movement of Goods; 6 Freedom of Establishment, Free Movement of Services, and the Environment; 7 National Provisions Derogating from Secondary Law; Conclusions; Part III: Competition Law and Environment; Introduction; 8 The Concepts of Undertakings and the Relevant Market in Light of Environmental Considerations; 9 Article 101 TFEU; 10 Article 102 TFEU; 11 Environmental Regulation and EU Competition Law; 12 State Aids and Environmental Protection; Conclusion; General Conclusion