Challenges of the Knowledge Society (Jun 2023)
TO BEE OR NOT TO BE! DEFINE AND DEFEND IN CJEU ENVIRONMENTAL CASE-LAW
Abstract
The present paper aims to draw attention to the vital role the bees are playing. In a way, the bees are keeping the world together, in an enormous well-built and well-adjusted hive. The bees are everywhere. Even in the law, even in the CJEU case-law. These cases offer the court the opportunity to define some relevant legal concepts on apiculture and environmental law and to defend the equilibrium between the markets and the protection of the environment. Besides, one of the key principles in EU environmental law is the precautionary principle, which is regarded as a complex and flexible principle, that operates in a networked rather than hierarchical manner. The Court has had the chance to expand on the concept of the precautionary principle in a few cases relating to bees. First, the paper will outline the cases in which the CJEU defined the legal concepts of honey, pollen, raw wax, and emissions in the environment. Second, the paper will examine cases in which the Court defended biodiversity by utilizing internal market tools or the precautionary principle. In a threaten ecosystem it seems like the European court is bee-friendly.
