Article 11 TFEU and Environmental Rights

Forskningsoutput: Kapitel i bok/rapport/Conference proceedingKapitel samlingsverk

Standard

Article 11 TFEU and Environmental Rights. / Nowag, Julian.

Environmental Rights in Europe and Beyond. red. / Sanja Bogojević ; Rosemary Rayfuse. Hart Publishing Ltd, 2018. s. 155.

Forskningsoutput: Kapitel i bok/rapport/Conference proceedingKapitel samlingsverk

Harvard

Nowag, J 2018, Article 11 TFEU and Environmental Rights. i S Bogojević & R Rayfuse (red), Environmental Rights in Europe and Beyond. Hart Publishing Ltd, s. 155. <https://ssrn.com/abstract=3217194>

APA

Nowag, J. (2018). Article 11 TFEU and Environmental Rights. I S. Bogojević , & R. Rayfuse (Red.), Environmental Rights in Europe and Beyond (s. 155). Hart Publishing Ltd. https://ssrn.com/abstract=3217194

CBE

Nowag J. 2018. Article 11 TFEU and Environmental Rights. Bogojević S, Rayfuse R, redaktörer. I Environmental Rights in Europe and Beyond. Hart Publishing Ltd. s. 155.

MLA

Nowag, Julian "Article 11 TFEU and Environmental Rights". och Bogojević , Sanja Rayfuse, Rosemary (redaktörer). Environmental Rights in Europe and Beyond. Kapitel 7, Hart Publishing Ltd. 2018, 155.

Vancouver

Nowag J. Article 11 TFEU and Environmental Rights. I Bogojević S, Rayfuse R, redaktörer, Environmental Rights in Europe and Beyond. Hart Publishing Ltd. 2018. s. 155

Author

Nowag, Julian. / Article 11 TFEU and Environmental Rights. Environmental Rights in Europe and Beyond. redaktör / Sanja Bogojević ; Rosemary Rayfuse. Hart Publishing Ltd, 2018. s. 155

RIS

TY - CHAP

T1 - Article 11 TFEU and Environmental Rights

AU - Nowag, Julian

PY - 2018

Y1 - 2018

N2 - This paper explores whether Article 11 TFEU, requiring that ‘[e]nvironmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development’ provides an environmental right within the EU’s constitutional setting. After setting out relevant features of rights and environmental rights in particular, the chapter applies these to Article 11 TFEU. The paper shows that the steady strengthening of Article 11 TFEU in its constitutional setting and the possibility of annulment of measures that do not comply with the Article 11 TFEU supports the view that it establishes an environmental right. Yet, the paper highlights two serious caveats that raise doubts with regard to such a classification: the issue of standing and the weak standard of review in Article 11 TFEU cases. The paper argues that Article 11 TFEU, while close to conferring a right, falls short of conferring a self-standing right. Article 11 TFEU is dependent on the enabling function of other existing rights. Nonetheless, the paper shows that the Article can have an important function in providing the basis for derived environmental rights for individuals and environmental NGOs, and can act as a justification for government action to protect the environment within the context of EU law.

AB - This paper explores whether Article 11 TFEU, requiring that ‘[e]nvironmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development’ provides an environmental right within the EU’s constitutional setting. After setting out relevant features of rights and environmental rights in particular, the chapter applies these to Article 11 TFEU. The paper shows that the steady strengthening of Article 11 TFEU in its constitutional setting and the possibility of annulment of measures that do not comply with the Article 11 TFEU supports the view that it establishes an environmental right. Yet, the paper highlights two serious caveats that raise doubts with regard to such a classification: the issue of standing and the weak standard of review in Article 11 TFEU cases. The paper argues that Article 11 TFEU, while close to conferring a right, falls short of conferring a self-standing right. Article 11 TFEU is dependent on the enabling function of other existing rights. Nonetheless, the paper shows that the Article can have an important function in providing the basis for derived environmental rights for individuals and environmental NGOs, and can act as a justification for government action to protect the environment within the context of EU law.

KW - Environmental rights

KW - Environmental integration

KW - Environmental protection

KW - EU law

KW - Obligations

KW - EU-rätt

M3 - Book chapter

SN - 9781509911097

SP - 155

BT - Environmental Rights in Europe and Beyond

A2 - Bogojević , Sanja

A2 - Rayfuse, Rosemary

PB - Hart Publishing Ltd

ER -