EU Environmental Law and the Internal Market

Nicolas de Sadeleer

The first sustained analysis of the intersection between the EU's environmental law and policy and its commitment to a free, competitive internal market
Sets out a legal framework for environmental protections in EU Treaty and secondary law
Analyzes how environmental concerns and environmental law have impacted on the operation of the internal market

EU Environmental Law and the Internal Market

Nicolas de Sadeleer

Description

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.

EU Environmental Law and the Internal Market

Nicolas de Sadeleer

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

EU Environmental Law and the Internal Market

Nicolas de Sadeleer

Author Information

Nicolas de Sadeleer, Jean Monnet Chair in EU Law at Saint-Louis University (Brussels), the Academy of Louvain

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 chairs (EU Marie Curie Chair, Jean Monnet Chair) and has taught in a number of universities across Europe.

EU Environmental Law and the Internal Market

Nicolas de Sadeleer

Reviews and Awards

"EU Environmental Law and the Internal Market is a key volume for the study of the EU's environmental policies. All legal scholars dealing with environmental governance, the EU or international institutions are encouraged to add this impressive work to their bookshelves." -- Nikolas Sellheim, Review of European Community & International Environmental Law

"As Judge Rosas has pointed out in his foreword, one of the merits of this volume is that it is aimed both at academics and at practitioners. Another is that, rather than treating EU environmental law in isolation, it concentrates on the interaction between that area of law and the internal market; this approach enables the reader to gain a far better understanding of how EU environmental law works in practice. In short, this impressive work is a must for anyone interested in EU environmental law." -Peter Oliver, Common Market Law Review

"This is a thought-provoking book in which Nicolas de Sadeleer succeeds in setting out and analysing the relevant law on the environment and the internal market in a clear and accessible manner, while at the same time addressing difficult issues relating to conflict in implementation. This scholarly and comprehensive work not only identifies and addresses these issues at the heart of the EU, but also proposes solutions both legal and practical." -Anne-Michelle Slater, University of Aberdeen, Environmental Law Review