Environmental Protection and the Free Movement of Goods – What is Old, What is New?
Keywords:
free movement of goods, environmental protection, mandatory requirements, fundamental rightsAbstract
In the beginning, European integration was predominantly economic. Of the four freedoms, especially the free movement of goods has evolved into a strong maxim. However, as European integration broadened its scope towards a political union, a number of additional policies and principles, such as environmental protection, have appeared in the European Union, also affecting European Union law. When interpreting Union law, the Court of Justice of the European Union takes into consideration the objectives of Union policies as a whole. Consequently, during the past thirty years the relationship between environmental protection and the free movement of goods has also evolved significantly, and continues to do so. The legal doctrine concerning the status of environmental protection as grounds for justifying directly discriminatory measures is still waiting to be formulated by the Court. The same holds true for the status of the fundamental right related to environmental protection, which has been discussed in jurisprudence.
