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Vol 21 No 11 Nov/Dec 2016

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EU Environmental Law and the Internal Market (eBook)


ISBN13: 9780191663512
Published: January 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £79.17 + £15.83 VAT
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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 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.

Subjects:
Environmental Law, EU Law, eBooks
Contents:
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