EU Environmental Law and the Internal Market

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9780199675432: EU Environmental Law and the Internal Market
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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.

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About the Author:


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.

Review:


"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


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Book Description Oxford University Press, United Kingdom, 2014. Hardback. Condition: New. Language: English . Brand New Book. 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. Seller Inventory # AOP9780199675432

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Book Description Oxford University Press, United Kingdom, 2014. Hardback. Condition: New. Language: English . Brand New Book. 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. Seller Inventory # AOP9780199675432

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