EU environmental law and the internal market / Nicolas de Sadeleer.

Format:

Book

Author/Creator:

Sadeleer, Nicolas de.

Language:

English

Subjects (All):

Environmental law--European Union countries.

Environmental law.

European Union countries--Economic integration.

European Union countries.

Physical Description:

1 online resource (556 p.)

Edition:

First edition.

Place of Publication:

Oxford, [England] : Oxford University Press, 2014.

Language Note:

English

Summary:

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.

Contents:

""Cover""; ""EU Environmental Law and the Internal Market""; ""Copyright""; ""Foreword""; ""Acknowledgements""; ""Contents""; ""Table of Cases""; ""EUROPEAN COURT OF JUSTICE""; ""COURT OF FIRST INSTANCE/GENERAL COURT""; ""INTERNATIONAL COURT OF JUSTICE""; ""EUROPEAN COURT OF HUMAN RIGHTS""; ""EFTA""; ""WTO""; ""ARBITRATION""; ""BELGIUM""; ""FRANCE""; ""NETHERLANDS""; ""UNITED KINGDOM""; ""USA""; ""Tableof Legislation""; ""INTERNATIONAL CONVENTIONS""; ""INTERNATIONAL NON-BINDING INSTRUMENTS""; ""EU PRIMARY LAW""; ""TEU""; ""TFEU""; ""EUCFR""; ""EU SECONDARY LAW BINDING ACTS""; ""Decision""

""DIRECTIVES""""1967""; ""1973""; ""1975""; ""1976""; ""1979""; ""1985""; ""1987""; ""1989""; ""1990""; ""1991""; ""1992""; ""1994""; ""1996""; ""1998""; ""1999""; ""2000""; ""2001""; ""2002""; ""2003""; ""2004""; ""2005""; ""2006""; ""2007""; ""2008""; ""2009""; ""2010""; ""2011""; ""2012""; ""REGULATIONS""; ""1962""; ""1981""; ""1990""; ""1991""; ""1992""; ""1993""; ""1997""; ""1998""; ""1999""; ""2000""; ""2001""; ""2002""; ""2003""; ""2004""; ""2006""; ""2007""; ""2008""; ""2009""; ""2010""; ""2011""; ""EU SOFT LAW ACTS""; ""Green Papers""; ""White Papers""; ""Communications""

""Notices""""Recommendations""; ""Resolutions""; ""State Aids Guidelines""; ""List of Tables""; ""List of Abbreviations""; ""General Introduction""; ""PART I: INTRODUCTION TO EU ENVIRONMENTAL LAW""; ""Part I: Introduction""; ""1. Environmental Objectives, Principles, and Criteria of the Environmental Policy in the TEU and TFEU""; ""1. Introduction""; ""2. Concept of Environment""; ""3. Stages of Integration of Environmental Requirements in Treaty Law""; ""3.1 From the Treaty of Rome to the Single European Act: the shaping of the environmental policy""

""3.2 The Single European Act: the recognition of a new Community competence""""3.3 From Maastricht to the Lisbon Treaty: the consolidation of EU environmental policy""; ""4. Sustainable Development""; ""4.1 Introductory remarks""; ""4.2 Legal status""; ""4.3 Case law""; ""4.4 Secondary law""; ""5. Environmental Integration Clause""; ""5.1 Introductory remarks""; ""5.2 Relationship between Article 11 TFEU and other integration clauses""; ""5.3 Legal status""; ""5.4 Case law""; ""5.4.1 Judicial review""; ""5.4.2 Principle of interpretation""; ""5.5 Secondary law""

""6. Objectives of the EU Environmental Policy""""6.1 Introductory comments""; ""6.2 The environmental objective""; ""6.3 The human health objective""; ""6.3.1 Intertwined issues""; ""6.3.2 Secondary law""; ""6.3.3 Case law""; ""6.4 The prudent and rational use of natural resources objective""; ""6.5 The international objective""; ""7. Principles of the EU Environmental Policy""; ""7.1 Introductory remarks""; ""7.1.1 Absence of definition""; ""7.1.2 Binding principles""; ""7.1.3 The status of the principles in the Member State legal orders""

""7.1.4 Environmental principles: shield or sword?""

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

0-19-166351-4

0-19-166350-6

OCLC:

869281820