Promovendus: Mw. T. Yue

Promotores: Mw. Dr. M.G.W.M. Peeters, Mw. Prof.Dr. E.I.L. Vos

Duur: 1/8/2011 - 31/8/2015

Promotie: Maastricht, 30/6/2016

Abstract:

The phenomenon of different environmental standards against harmonization of such standards is evident within the EU. The EU tends to try to harmonize the differing environmental legislation of member states while allowing them under certain conditions, depending on the legislative basis of the EU environmental legislation to adopt stricter environmental standards. Thus, the question arises as for to what extent the national higher standards are allowed and how to consider whether there is legitimate environmental protectionist behaviour. Although there are provisions in EU treaties, judging from the case law related to this problem, the delimitation is yet clear and predictable. Therefore, this research is to clarify the conditions under which unilateral national legislation may happen in addition to EU environmental legislation by reviewing the EU and national legislation as well as case law. Based on the positive analysis of EU law and relevant cases like the European regulation of biofuels or GMOs, a value-based discussion will expand the question to whether a higher national environmental standard should be encouraged when confronted with common market considerations. From that, it will be explored whether the European experiences provide approaches that could be valuable for environmental regulation on the international level