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Environmental Protection as an Exception to the Freedom of Establishment and the Freedom to Provide Services in the E uropean U nion
Author(s) -
Casado Casado Lucia
Publication year - 2015
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12110
Subject(s) - safeguarding , scope (computer science) , business , economic justice , political science , law and economics , law , economics , computer science , medicine , nursing , programming language
This article examines the tensions between E uropean U nion policy on environmental protection and the safeguarding of C ommunity freedoms, focusing particularly on the freedom of establishment and the freedom to provide services. It offers an analysis of the scope of environmental protection as a justification for exceptions from C ommunity freedoms in the case law of the E uropean C ourt of Justice. It also examines the specific provisions on environmental protection set out in D irective 2006/123 on services in the internal market. In particular, it determines the scope of the environmental exception under the provisions of this D irective, according to which protection of the environment justifies specific derogations from the regulatory framework governing the freedom of establishment and freedom to provide services.