Legal grounds of European environmental policy

Abstract

This article examines the legal grounds contained in the EEC Treaty concerning the adoption of environmental measures by Community organisations. It would seem that especially since the entry into force of the provisions of the Single European Act on 1 July 1987 there has been sufficient legal scope for the pursuit of an adequate and high-quality environmental policy. It is pointed out that whether this legal scope will actually be used is primarily an administrative/political question. The restrictions placed by the EEC Treaty on the pursuit of an independent environmental policy by Member States is also examined. In particular the provisions relating to the free movement of goods place certain limits on national environmental policy. It is pointed out, however, that is recognised in European environmental law that environmental protection may justify a departure from these Treaty provisions.