Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- 6 Sustainable Development before International Courts and Tribunals: Duty to Cooperate and States’ Good Faith
- 7 The Paris Agreement: New Legal Avenues to Support a Transboundary Harm Claim on the Basis of Climate Change
- 8 The Court of Justice of the European Union and the High Level of Environmental Protection: Transforming a Policy Objective into a Concept Amenable to Judicial Review
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- Part V The Legitimacy of Non-Compliance Procedures
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
8 - The Court of Justice of the European Union and the High Level of Environmental Protection: Transforming a Policy Objective into a Concept Amenable to Judicial Review
from Part III - Judges as Law-Makers: Legitimate Development of Environmental Law
Published online by Cambridge University Press: 15 April 2019
Edited by
Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- 6 Sustainable Development before International Courts and Tribunals: Duty to Cooperate and States’ Good Faith
- 7 The Paris Agreement: New Legal Avenues to Support a Transboundary Harm Claim on the Basis of Climate Change
- 8 The Court of Justice of the European Union and the High Level of Environmental Protection: Transforming a Policy Objective into a Concept Amenable to Judicial Review
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- Part V The Legitimacy of Non-Compliance Procedures
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
Summary
The concept of a high level of protection can advance the effectiveness of environmental law. It plays a role in the case law of the European Court of Justice (ECJ), in relation to environmental- and health-related issues, even if with varied outcomes. It is a known concept in EU law, since it has been assigned as a target to the European decision maker, in relation to such policies and in the context of European integration. Recent ECJ case law demonstrates that the statement of such an objective is not merely programmatic; it can help judicial review. The ECJ welcomes the high level of protection requirement as a possible ground for reviewing legality of European acts or boosting its interpretations. The chapter explores and highlights the relevance of fixing targets and objectives in environmental legislation, at meta or lower levels. The setting of an ambitious objective can be a pivotal element in reviewing a measure's legality, especially when assessing proportionality.
- Type
- Chapter
- Information
- International Judicial Practice on the EnvironmentQuestions of Legitimacy, pp. 212 - 236Publisher: Cambridge University PressPrint publication year: 2019