9780198753803


Parution : 11/2016
Editeur : Oxford University Press
ISBN : 978-0-1987-5380-3
Site de l'éditeur

Environmental Integration in Competition and Free-Movement Laws

Julian Nowag

Coll. Oxford Studies in European Law, 368 pages

Présentation de l'éditeur

Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law : competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law.

Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.

Julian Nowag, Senior Lecturer in EU Law and Competition Law, and Associate CCLP Oxford, Lund University.

 

Sommaire

Foreword, Professor Derrick Wyatt QC

Introduction

Part A: Developing A Framework for Integration in Competition, State Aid, and Free-Movement

1.: The Environmental Integration Obligation of Article 11TFEU

Part B: The First Form of Environmental Integration : Questions of Scope

2.: Competition Law
3.: Article 106TFEU
4.: State Aid Law
5.: Free-Movement Law
6.: Competition Law
7.: Article 106TFEU
8.: State Aid Law
9.: Free-Movement Law

Part C: The Second Form of Environmental Integration : Balancing

10.: Free-Movement Law
11.: State Aid Law
12.: The Article 106 TFEU Exception
13.: Competition Law
14.: Competition Law
15.: Article 106 TFEU
16.: State Aid Law
17.: Free-Movement Law

Conclusion