Constitutionalisation of Environmental Protection in EU law

Author: Alicja Sikora
Publisher: Europa Law Publishing
ISBN: 9789089522061
Published In: February 2020
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book describes the unique process of legal evolution in the field of environmental law, which is denoted as constitutionalisation of the environmental protection in the EU legal order. This notion refers to the process of transformation of this particular area of law, which is reflected in its novel autonomous features and materialised through the normative and jurisprudential elevation of environmental objectives and principles. In the course of recent years, environmental protection has evolved from a sectoral policy to one of the core, transversal principles of the EU legal order. Grasped through the prism of the principles of integration and coherence, the environmental protection has become all-present and influential aspect of EU legislation, while at the same time reaching the status of a fundamental value underlying the constitutional dimension of the European Union as a community of law. The book examines this process on the basis of comparative legal analysis, the current practice of EU institutions, and the recent case-law of the Court of Justice of the EU.

Preface

The purpose of this book

The structure of this book

Chapter I: Environmental Protection in the EU Constitutional Perspective

1. Introductory remarks and conceptual framework

2. Hierarchy of EU constitutional norms

3. The constitutionalisation of environmental protection: history and legitimacy

4. A broader theoretical perspective: the values of democracy and the rule of law in the context of environmental protection

5. Conclusion

Chapter II: A High Level of Environmental Protection in EU Law

1. The concept of ‘a high level of environmental protection and improvement of the quality of the environment’ in the normative structure of the Treaties

2. Article 37 of the Charter of Fundamental Rights – in search of the environmental identity of the Union

3. Article 37 of the Charter of Fundamental Rights as a cluster of three legal concepts

Chapter III: Solidarity as a Prism for Constitutionalisation of Environmental Protection in EU Law

1. The EU principle of solidarity as a constitutional principle

2. The concept of intergenerational equity (solidarity) in environmental law

3. Mapping the contours of the relationship between solidarity and the environment in EU law

Chapter IV: Judicial Coherence in Enhancing Environmental Protection

1. The role of EU judicature in ensuring environmental protection

2. The Court of Justice as environmental protector: alternative ways of enhancing environmental protection through judicial practice

3. Access to environmental justice in the EU legal order

Bibliography

Table of Cases