The Environmental Framework of EU Law in the Context of the Free Movement of Goods
(2020) LAGM01 20201Department of Law
Faculty of Law
- Abstract (Swedish)
- The EU was initially created as an area of free trade amongst its Member States, its main objective is the realization of the full integration of the internal market. Of central importance to the objective is the fundamental freedoms and thereby the free movement of goods. However, in recent decades issues of an environmental nature have become more prevalent within the EU legal order and a framework of environmental primary legislation has been adopted into the treaties.
The aims of the EU environmental framework is to promote a high level of environmental protection, to ensure a betterment of the quality of the environment and to provide for sustainable development on the internal market. Unfortunately the aims are a bit ambiguous as... (More) - The EU was initially created as an area of free trade amongst its Member States, its main objective is the realization of the full integration of the internal market. Of central importance to the objective is the fundamental freedoms and thereby the free movement of goods. However, in recent decades issues of an environmental nature have become more prevalent within the EU legal order and a framework of environmental primary legislation has been adopted into the treaties.
The aims of the EU environmental framework is to promote a high level of environmental protection, to ensure a betterment of the quality of the environment and to provide for sustainable development on the internal market. Unfortunately the aims are a bit ambiguous as to their applicability and scope.
The treaties contain several legal provisions which were drafted with the purpose of fulfilling the environmental aims of the EU, amongst these are the environmental principles, the integration obligation and the environmental principle contained in the EUCFR. The provisions shall be viewed in a holistic manner in collaboration with one another. Unfortunately, as with the environmental aims, there exists a degree of uncertainty in regards to the true judicial meaning of the provisions. The Court law is inconsistent and different legal scholars interpret the provisions in different ways. The lack of consistency provides for an obstacle in regards to the success of the environmental framework.
The environmental legislation of the Union is seemingly at odds with the free movement of goods. Environmentally protective measures restricting the free movement of goods on the internal market has been justified on the basis of the protection of the life and health of humans, animals and plants as well as on the basis of environmental protection as a mandatory requirement. The available case law is inconsistent and at times provides for judicial uncertainty in regards to the compatibility of the opposing interests. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9024883
- author
- Gisslén, Mikaela LU
- supervisor
- organization
- course
- LAGM01 20201
- year
- 2020
- type
- H2 - Master's Degree (Two Years)
- subject
- language
- English
- id
- 9024883
- date added to LUP
- 2020-07-13 08:39:25
- date last changed
- 2020-07-13 08:39:25
@misc{9024883,
abstract = {{The EU was initially created as an area of free trade amongst its Member States, its main objective is the realization of the full integration of the internal market. Of central importance to the objective is the fundamental freedoms and thereby the free movement of goods. However, in recent decades issues of an environmental nature have become more prevalent within the EU legal order and a framework of environmental primary legislation has been adopted into the treaties.
The aims of the EU environmental framework is to promote a high level of environmental protection, to ensure a betterment of the quality of the environment and to provide for sustainable development on the internal market. Unfortunately the aims are a bit ambiguous as to their applicability and scope.
The treaties contain several legal provisions which were drafted with the purpose of fulfilling the environmental aims of the EU, amongst these are the environmental principles, the integration obligation and the environmental principle contained in the EUCFR. The provisions shall be viewed in a holistic manner in collaboration with one another. Unfortunately, as with the environmental aims, there exists a degree of uncertainty in regards to the true judicial meaning of the provisions. The Court law is inconsistent and different legal scholars interpret the provisions in different ways. The lack of consistency provides for an obstacle in regards to the success of the environmental framework.
The environmental legislation of the Union is seemingly at odds with the free movement of goods. Environmentally protective measures restricting the free movement of goods on the internal market has been justified on the basis of the protection of the life and health of humans, animals and plants as well as on the basis of environmental protection as a mandatory requirement. The available case law is inconsistent and at times provides for judicial uncertainty in regards to the compatibility of the opposing interests.}},
author = {{Gisslén, Mikaela}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Environmental Framework of EU Law in the Context of the Free Movement of Goods}},
year = {{2020}},
}