Abstract

The environmental policy of the European Community is, in many ways, a paradox. The original Treaty of Rome made no provision for an environmental protection policy and the Treaty certainly did not provide an explicit basis for Community legislation in the field of the environment. Nevertheless over 100 legal instruments have been enacted in this area by the Community, the European Court of Justice has described environmental protection as '. .. one of the Community's essential objectives',1 and it could now be counted as one of the more successful policies of the Community, both in terms of the areas of activity that it covers and the degree of popular support which it is beginning to command. It is indeed a monument to a pragmatic or flexible approach to the interpretation of the aims of the EEC Treaty.2

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