Edited by Fabrizio Cafaggi and Horatia Muir Watt
Chapter 4: Regulatory Dilemmas in EC Environmental Law: The Ongoing Conflicts between Competitiveness and the Environment
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...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.