Skip to main content

Lund University Publications

LUND UNIVERSITY LIBRARIES

Article 11 TFEU and Environmental Rights

Nowag, Julian LU (2018) p.155-155
Abstract
This paper explores whether Article 11 TFEU, requiring that ‘[e]nvironmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development’ provides an environmental right within the EU’s constitutional setting. After setting out relevant features of rights and environmental rights in particular, the chapter applies these to Article 11 TFEU. The paper shows that the steady strengthening of Article 11 TFEU in its constitutional setting and the possibility of annulment of measures that do not comply with the Article 11 TFEU supports the view that it establishes an environmental right. Yet, the paper highlights two... (More)
This paper explores whether Article 11 TFEU, requiring that ‘[e]nvironmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development’ provides an environmental right within the EU’s constitutional setting. After setting out relevant features of rights and environmental rights in particular, the chapter applies these to Article 11 TFEU. The paper shows that the steady strengthening of Article 11 TFEU in its constitutional setting and the possibility of annulment of measures that do not comply with the Article 11 TFEU supports the view that it establishes an environmental right. Yet, the paper highlights two serious caveats that raise doubts with regard to such a classification: the issue of standing and the weak standard of review in Article 11 TFEU cases. The paper argues that Article 11 TFEU, while close to conferring a right, falls short of conferring a self-standing right. Article 11 TFEU is dependent on the enabling function of other existing rights. Nonetheless, the paper shows that the Article can have an important function in providing the basis for derived environmental rights for individuals and environmental NGOs, and can act as a justification for government action to protect the environment within the context of EU law. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Environmental rights, Environmental integration, Environmental protection, EU law, Obligations, EU-rätt
host publication
Environmental Rights in Europe and Beyond
editor
Bogojević, Sanja and Rayfuse, Rosemary
pages
174 pages
publisher
Hart Publishing Ltd
ISBN
9781509911097
language
English
LU publication?
yes
id
aea43f28-a335-43cd-9d73-39e814617b0a
alternative location
https://ssrn.com/abstract=3217194
date added to LUP
2018-09-21 15:45:19
date last changed
2019-04-23 08:15:51
@inbook{aea43f28-a335-43cd-9d73-39e814617b0a,
  abstract     = {This paper explores whether Article 11 TFEU, requiring that ‘[e]nvironmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development’ provides an environmental right within the EU’s constitutional setting. After setting out relevant features of rights and environmental rights in particular, the chapter applies these to Article 11 TFEU. The paper shows that the steady strengthening of Article 11 TFEU in its constitutional setting and the possibility of annulment of measures that do not comply with the Article 11 TFEU supports the view that it establishes an environmental right. Yet, the paper highlights two serious caveats that raise doubts with regard to such a classification: the issue of standing and the weak standard of review in Article 11 TFEU cases. The paper argues that Article 11 TFEU, while close to conferring a right, falls short of conferring a self-standing right. Article 11 TFEU is dependent on the enabling function of other existing rights. Nonetheless, the paper shows that the Article can have an important function in providing the basis for derived environmental rights for individuals and environmental NGOs, and can act as a justification for government action to protect the environment within the context of EU law.},
  author       = {Nowag, Julian},
  booktitle    = {Environmental Rights in Europe and Beyond},
  editor       = {Bogojević, Sanja and Rayfuse, Rosemary},
  isbn         = {9781509911097},
  language     = {eng},
  pages        = {155--155},
  publisher    = {Hart Publishing Ltd},
  title        = {Article 11 TFEU and Environmental Rights},
  url          = {https://ssrn.com/abstract=3217194},
  year         = {2018},
}