EU Environmental Law and the Internal Market

Hardcover | February 9, 2014

byNicolas de Sadeleer

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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 hastaken 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 workableanalytical 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 measureswith 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 majorcases handed down by the Court of Justice, highlighting the real impact of the conflicts.

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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 hastaken on a renewed intensity at European lev...

Nicolas de Sadeleer is professor of law at Saint Louis University (Brussels) ) and guest professor at Louvain University. 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 chai...
Format:HardcoverDimensions:550 pages, 9.21 × 6.14 × 0.98 inPublished:February 9, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199675430

ISBN - 13:9780199675432

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Table of Contents

General IntroductionPart I: Introduction to EU Environmental LawIntroduction1. Environmental Objectives, Principles, and Criteria of the Environmental Policy in the TEU and TFEU2. The Right to Environmental Protection in Treaty Law, in the ECHR, and in the EUCFR3. Competences, Powers, and Legal Bases4. General Overview of EU Secondary Environmental LawConclusionsPart II: The Respect of Treaty Provisions on Free Movement of Goods, Services, and EstablishmentIntroduction5. Free Movement of Goods6. Freedom of Establishment, Free Movement of Services, and the Environment7. National Provisions Derogating from Secondary LawConclusionsPart III: Competition Law and EnvironmentIntroduction8. The Concepts of Undertakings and the Relevant Market in Light of Environmental Considerations9. Article 101 TFEU10. Article 102 TFEU11. Environmental Regulation and EU Competition Law12. State Aids and Environmental ProtectionConclusionGeneral Conclusion