#5276 - The Role Of The Eu Theory - Environmental Law

• MacCormick – EU a new legal order - This is traceable into the acts of ratification of treaties by the appropriate modes of decision making. The fact that the EU law-making, executive and judicial organs are long-standing and have proven efficacious supports idea that the EU is a full blown normative order, confirming the courts representation as to a new legal order.

• Mancini – Direct effect allows the new legal order to exist, to impact on the lives of individuals. This would not have been possible had preliminary references not become a tool for reviewing the compatibility of national laws with EU law. Consequence of the two is a virtuous circle in which more and more individuals become aware of the higher laws of the EU and thus more utilise them. This increased visibility is the first precondition of legitimacy and this legitimacy allows the court to go further and thus enlarges the expectations of individuals founded in its provisions.

Definitions of EU Law.

• Kramer – Descriptive Definition Not Complete – Enviro law has reached constitutional status in EU and MSs. It has led to administrative infrastructures and bureaucracies emerging. The substance and quality of regulation varies but the scope is huge. Evolution/conquest of enviro law not yet halted. [Shows that to just think of enviro law as being the set of rules concerning the environment would not give us a full picture of what it is, or is doing, at EU level].

• Chalmers – Above - points our multitude of actors involved and routes used in challenges based on enviro law.

• Weale et al – Purposive – Single market required enviro regulation as often such MS regs would impede single market. (Thus purpose single market).

• Fisher – Purposive – View that enviro should aid single market remains. REACH chemical regs are aimed to produce competitive markets as much as protect enviro. Thinking of enviro law in terms of economic advantages it will bring is ecological modernism. However EU also developed specific enviro policy for own sake…

• Council Declaration – Purposive – part of the goal set out in Treaty of improvement of living conditions will be the improvement of the environment. EU should: prevent pollution, maintain ecological balance, ensure sound management of resources which cause damage to ecological balance, guide development in accordance with quality requirements especially by improving working conditions and settings of life, ensure account is taken of enviro aspects in towns, seek common solutions to enviro problems.

• Fisher – Purposive – reasons for above are trans-boundary nature of enviro problems, efficiency of EU action, by-product of international enviro politics, growing concerns at all levels of enviro ethics. All independent of single market.

• Presidency Conclusions, Goteborg Euro Council – Sustainable Development – this requires dealing with economic, social and enviro policies in a mutually reinforcing way so as to allow living of present generations without...