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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

(p.1544) Article 193 TFEU
The EU Treaties and the Charter of Fundamental Rights

Sacha Garben

Oxford University Press

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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