- Title Pages
- Foreword
- Preface
- Acknowledgements
- Table of Cases
- Table of Statutes
- Table of Other Primary Material
- List of Abbreviations
- Introduction: Developing a Framework for Integration in Competition, State Aid, and Free-Movement
- 1 The Environmental Integration Obligation of Article 11 TFEU
- Part B The First Form of Environmental Integration: Questions of Scope
- Section I Supportive Integration
- 2 Competition Law
- 3 Article 106 TFEU
- 4 State Aid Law
- 5 Free-Movement Law
- Conclusion: Section I
- Section II Preventative Integration
- 6 Competition Law
- 7 Article 106 TFEU
- 8 State Aid Law
- 9 Free-Movement Law
- Conclusion: Section II
- Conclusion: Part B
- Part C The Second Form of Environmental Integration: Balancing
- Section I Supportive Integration
- 10 Free-Movement Law
- 11 State Aid Law
- 12 The Article 106 TFEU Exception
- 13 Competition Law
- Conclusion: Section I
- Section II Preventative Integration
- 14 Competition Law
- 15 Article 106 TFEU
- 16 State Aid Law
- 17 Free-Movement Law
- Conclusion: Section II
- Conclusion: Part C
- Conclusion and Outlook: Reviewing Integration
- Bibliography
- Index
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
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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- Title Pages
- Foreword
- Preface
- Acknowledgements
- Table of Cases
- Table of Statutes
- Table of Other Primary Material
- List of Abbreviations
- Introduction: Developing a Framework for Integration in Competition, State Aid, and Free-Movement
- 1 The Environmental Integration Obligation of Article 11 TFEU
- Part B The First Form of Environmental Integration: Questions of Scope
- Section I Supportive Integration
- 2 Competition Law
- 3 Article 106 TFEU
- 4 State Aid Law
- 5 Free-Movement Law
- Conclusion: Section I
- Section II Preventative Integration
- 6 Competition Law
- 7 Article 106 TFEU
- 8 State Aid Law
- 9 Free-Movement Law
- Conclusion: Section II
- Conclusion: Part B
- Part C The Second Form of Environmental Integration: Balancing
- Section I Supportive Integration
- 10 Free-Movement Law
- 11 State Aid Law
- 12 The Article 106 TFEU Exception
- 13 Competition Law
- Conclusion: Section I
- Section II Preventative Integration
- 14 Competition Law
- 15 Article 106 TFEU
- 16 State Aid Law
- 17 Free-Movement Law
- Conclusion: Section II
- Conclusion: Part C
- Conclusion and Outlook: Reviewing Integration
- Bibliography
- Index
