Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2015)
Requirements and limitations of standardization of environmental protection in the primary EU law
Abstract
A summary of the entire paper includes the necessity of establishing how the demands, in the area of environmental protection emerging from the conglomerate of supervision regulated by constitutional law of the Union, in reality have very little influence on the actions of the European legislator. The principle of award partly does not prevent member states from increasing the level of protection, the result of which can cause disrupting the conditions of market competition. Also In this area, setting the boundaries for the use of certain concrete fundamentals of authority is problematic. The European legislator has the opportunity within the area of the legal act which is ultimately focussed on harmonising internal markets to also regulate issues related to spatial planning. In addition, it can quantitivelly manage water resources and the use of land (excepting managing waste) for as long as the mentioned areas represent the real aim of regulating the acts of the European Union. Finally, it is mentioned that it is possible to at least partially with art.114 UFEU to bury the strict demand of unanimity which art.193 section 2 subsection 1 b) of UFEU which regulate the areas of spatial planning, water resources and land use. In its practice, the Court of the European Union demands that the principle of subsidiarity is only respected at the level of positive criteria, the result of which leads to significant limitation of member state sovereignty which should actually protect the negative criterion. The subject of protection of national sovereignty is not able to offer even the principle of proportionality which was conceived as the last stand against the legal acts of the Union which cross the borders of the authority of the Union because the Court of the European Union de facto does not check the harmonisation of the legal acts of the Union with this principle. Criteria for the protection of the environment contained in art.27 of the Charter of Fundamental Rights of the European Union, for the main part, conflict with the content of art.11 UFEU and in this phase of development does not place the demands which supersede the demands of UFEU before the legislator of the Union .However, it is necessary to wait and see whether and to what extent the provision on environmental protection , contained in art.37 of the Charter of Fundamental Rights ,give individuals subjective rights. According to the author’s opinion, for the European legislator, no significant limitations of legislative activity in the area of environmental protection emerge from the primary law of the European Union. The set demands are very weak which ultimately, in relation to the division of authority between the European Union and its member states, result in continual conflict.
