The Sky Is the Limit: On the Drafting of Article 11 TFEU’s Integration Obligation and its Intended Reach

Abstract

The paper analyses the historical development of Article 11 TFEU’s integration obligation and the intentions of Member States when adopting the various amendments to answer the question whether Article 11 TFEU applies across the board or only to certain specific areas of competences. The paper focuses in particular on the amendments of the Amsterdam and Maastricht Treaty as the most important changes in terms of the environmental integration obligation. The paper is based on research carried out at the archives of the European Union. These archives hold the debates amongst the Member States and the institutions in preparation of the inter-governmental conferences and are currently not publicly available online. Before examining the different debates during the drafting process and highlighting the extensive reach envisaged by the Member States, the paper shows that Member States’ intentions are of relevance for the interpretation of EU law.