EU Human Rights Law and Environmental Protection: The Beginning of a Beautiful Friendship?
SSRN Scholarly Paper, ID 2475334. Social Science Research Network, Rochester, NY, (мая 2014)Аннотация
A sharp increase in the number of jurisdictions constitutionalising environmental rights has led to the assumption of a surfacing environmental rights revolution. The Charter of Fundamental Rights of the European Union (Charter) codifies a ‘high level of environmental protection’ and ‘improvement of the quality of the environment’ as part of EU’s corpus of fundamental rights protection, and as such, hints to the possibility of the EU following a similar constitutionalising trend. I investigate this possibility here by examining the type of legal duties embedded in the Charter’s environmental provisions, and their prospect of securing individual rights for the safeguard of the environment.