Der Umweltschutz in der EU‑Wirtschaftsverfassung

European Union law does not consider internal market law and environmental law as two independent domains of legal regulation. Rather, it establishes a coherent and integrated approach. This is achieved firstly through the cross-section clause in Article 11 TFEU and secondly through Article 3(3) TEU, through which environmental protection is integrated into the objective of establishing an internal market. Consequently, Union law exhibits significant potential for sustainability while simultaneously promoting economic prosperity. This initially results in a mandate for the EU institutions to realise these objectives. Of particular practical relevance are the guidance of discretionary powers, the influence on the interpretation of economic law provisions and the requirement for the most comprehensive possible realisation in the context of a proportionality assessment.

Autor*innen Dipl.-Jur. Simon A. Miller