The Regulatory Function of European Private Law

The Regulatory Function of European Private Law

Edited by Fabrizio Cafaggi and Horatia Muir Watt

In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration?

Chapter 4: Regulatory Dilemmas in EC Environmental Law: The Ongoing Conflicts between Competitiveness and the Environment

Javier de Cendra de Larragán

Subjects: law - academic, european law


Javier de Cendra de Larragán I. THE EC MANDATE TO PROMOTE COMPETITIVENESS AND ENVIRONMENTAL PROTECTION I.1. The Objectives in the Treaties The EC Treaty mandates the Community institutions to achieve several objectives, among others to achieve a high level of environmental protection (Arts. 2, 3, and 174–176 EC Treaty), to promote the competitiveness of its industry (Arts. 2, 3, 136 and 137 EC Treaty), and to do so within the overarching aim of achieving sustainable development (Art. 2 EC Treaty). The protection of the environment and the promotion of competitiveness being fundamental objectives of the EC, both carry equal weight in the elaboration of EC policies and regulation.1 Article 3 EC refers to the activities of the Community, which include, inter alia, a policy in the sphere of the environment and the strengthening of the competitiveness of Community industry. The rationale of the integration principle set out in Article 6 EC is to make sure that all EC policies integrate environmental protection requirements, including obviously measures destined to promote competitiveness. The integration principle guides policy making and is a criterion for the interpretation of EC law.2 By virtue of it, the principles of Article 174 EC influence all EC policies, 1 Wasmeier, M. ‘The Integration of Environmental Protection as a General Rule for Interpreting Community Law’ (2001) 38 Common Market Law Review, 159–177, at p. 163. 2 Kramer, L., EC Environmental Law 5th edn (2003, Sweet & Maxwell, London), at p .21. 91 92 Environmental law so that...

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