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Environmental Integration in Competition and Free-Movement Laws$
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Julian Nowag

Print publication date: 2016

Print ISBN-13: 9780198753803

Published to Oxford Scholarship Online: January 2017

DOI: 10.1093/acprof:oso/9780198753803.001.0001

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Free-Movement Law

Free-Movement Law

Chapter:
(p.156) 10 Free-Movement Law
Source:
Environmental Integration in Competition and Free-Movement Laws
Author(s):

Julian Nowag

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198753803.003.0016

This chapter examines the second form of environmental integration in the area of the four freedoms: ie cases where environmental protection is balanced against a restriction of the freedoms. It shows how the concept of mandatory requirements can provide the second form of environmental integration. The chapter also shows how environmental protection may potentially even justify discriminatory measures. The chapter equally discusses the relationship between harmonization and environmental protection and the main tools to balance environmental protection with restrictions of the market freedoms are examined. This examination provides the basis for the concluding part, which offers some suggestions to improve environmental integration via balancing based on the experience in State aid law.

Keywords:   second form of integration, free-movement law, four freedoms, mandatory requirement, balancing, harmonization, discriminatory measure, alternative approach

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