Stop the Integration Principle?
Jan H. Jans
University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law
September 23, 2010
Fordham International Law Journal, Vol. 33, No. 3, 2011
On 24 May 1988 Advocate-General Gordon Slynn delivered his famous opinion in the so called ‘Danish Bottles case’. The basic question in this case was whether the Danish government could rely on ‘the need to protect the environment’ in order to justify this trade restriction. In a well balanced and nuanced Opinion Slynn came to the conclusion: ‘In my view, national measures taken for the protection of the environment are capable of constituting ‘mandatory requirements’ recognized by the judgment in Cassis de Dijon as limiting the application of Article 30 of the Treaty [now Article 34 FTEU, JHJ] in the absence of Community rules.’ The Court followed Slynn and added ‘protection of the environment’ to this list of mandatory requirements.The importance of this judgment is that it enabled and facilitated the integration of environmental considerations into the market freedoms of the European Community, later European Union. This contribution is devoted to the process of integrating environmental requirements in other areas.
Number of Pages in PDF File: 17
Keywords: environment, internal market, integration principle
JEL Classification: K32, K33Accepted Paper Series
Date posted: September 24, 2010 ; Last revised: June 22, 2013
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