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Greening of the EU treaty system: Framework of environmental policies in the European Union

Author
Bosselmann K.
Journal/Series
Environmental and Planning Law Journal | Vol. 12(4); 278 - 287; 10 p.
Date
1995
Source
IUCN (ID: ANA-055440)
Publisher | Place of publication
The Law Book Company Ltd. | North Ryde, Australia
Language
English
Country/Territory
European Union
Subject
Environment gen.
Keyword
Comprehensive description
Abstract

The existing framework for the Community 's competence in environmental policy and law appears fragile and patchy. The Maastricht Treaty did little to provide a consistent, stringent philosophy underpinning its competence. Among the treaty 's principles with a potential to provide such a philosophy are the integration principle, the precautionary principle and the subsidiary principle. However, their successful implementation and enforcement require more than environmental legislation. A major reform of the Community itself is needed. Such a reform would have to recognise the state-like character of the emerging European Political Union and the pressing urgency for its democratisation and ecologicalisation. The model to follow is the idea of an ' eco - constitutional state '.