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The EU Treaties and the Charter of Fundamental RightsA Commentary$
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Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin

Print publication date: 2019

Print ISBN-13: 9780198794561

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198794561.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2021

Article 193 TFEU

Article 193 TFEU

Chapter:
(p.1544) Article 193 TFEU
Source:
The EU Treaties and the Charter of Fundamental Rights
Author(s):

Sacha Garben

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198759393.003.309

Article 193 TFEU lays down the principle of minimum harmonization for measures adopted on the environmental legal basis of Article 192 TFEU. Its wording suggests a constitutional obligation on the EU institutions and a clear limit on the scope of any measures adopted on the basis of Article 192 TFEU. Many measures adopted on the basis of Article 192 TFEU themselves also contain a similar provision, indicating that MS shall not be prevented from maintaining or adopting more protective measures. However, the ECJ has confirmed that also in the absence of such a specific provision in an environmental measure, the minimum harmonization principle applies.

Keywords:   minimum harmonization principle, protective measures, Bettani

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