EU Environmental Law Evolution and Key Principles
Legal Basis for EU Environmental Action
In the original 1957 treaties, environmental protection was not explicitly mentioned. Early legal bases were derived from interpretations of Article 2 TEU (harmonious development, growth) and Article 100 TEC (now 94). The Single European Act in 1986, specifically Article 130r, 130s, and Title 8 of the TEC, consolidated environmental policy.
Key Legal Instruments:
- Title XIX of the EC Treaty: Establishes the Department of Environment’s mission, including resource use, quality of life, efficiency, and preservation for future generations.
- Sixth Community Environment Action Programme: Sets priorities for 2001-2010, including air pollution, waste recycling, resource management, soil protection, urban environment, pesticide use, and the marine environment.
- Article 6 of the ECA: Mandates environmental protection consideration in all EC policies.
Protection of Nature and Biodiversity
Directive 79/409 (1979): Conservation of wild birds.
Water Regulation
Directive 2000/60/EC: Framework for Community water policy.
Proposal to replace Directive 76/160/EEC on bathing water quality.
Climate Change
Kyoto Protocol (1997): Sets targets for reducing greenhouse gas emissions.
European Climate Change Programme (ECCP): Assists the EU in meeting Kyoto targets.
Shared Competence and Principles
Environment as Shared Competence
Member states can adopt stricter protective measures compatible with EU law. When the EU acts, Community law takes precedence.
Subsidiarity and Proportionality
Subsidiarity: The EU sets minimum standards, allowing member states to exceed them.
Proportionality: EU action must be limited to what is necessary, leaving space for individual state action.
These principles allow for civic participation and pressure groups to influence state-level environmental protection improvements.