The Judicial Use of the Principles of EC Environmental Policy

Abstract

European Community environmental policy should, according to the Treaty, be based on certain environmental principles. It is clear that there is an obligation on the institutions in this regard, yet the nature of the obligation is unclear. There has, in particular, been dispute as to whether non-adherence to the principles in secondary legislation may result in the annulment of that legislation by the Court of Justice. The manner in which the Court has used the environmental principles as aids to interpretation has also lacked coherence. It is argued here that judicial use of the environmental principles is both legitimate and consistent with the Court's general adjudicative methods. On this basis, judicial consideration of the principles, particularly in a way that clarifies their scope of application, is to be encouraged, not least as a way in which the courts can respond to environmental aspects of cases before them.