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Geert Van Calster

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Geert van Calster

This chapter reviews the approach of the EU to the issues arising when environmental objectives need to be reconciled with trade policies. Many CJEU judgments – which are often technically complex – have supported environmental goals over and above free trade. When discussing the legal possibilities for Member States to introduce unilaterally more stringent environmental measures which have an impact on the internal market, it is important for one to be familiar with Internal Market terminology. Whether an EU measure is ‘exhaustive’, for instance, is an important issue to consider. Furthermore, specific attention is devoted in the chapter to the issue of free movement versus environmental protection in the area of renewable energy policies, in which the Court showed a lenient approach towards justifying national measures restricting trade.

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Stephanie Bijlmakers and Geert Van Calster

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Edited by Geert Van Calster and Denise Prévost

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Geert Van Calster and Leonie Reins

EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.
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Geert Van Calster and Leonie Reins

This chapter discusses the history and developmental context of European environmental law. It establishes the sources thereof, as well as the division of competences in European law in general and in the area of environmental law specifically. Lastly, it discusses the objectives of European environmental law, namely sustainable development, a high degree of environmental protection, the quality of the environment, protecting human health and promoting measures at the international level.

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Geert Van Calster and Leonie Reins

This chapter introduces the principles important to European environmental law. More precisely, it discusses the general principles of subsidiarity and proportionality, integration and sustainable development, as well as the environmental principles, precaution, prevention, rectification at source and the polluter pays.