Principles of EU Environmental Law

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Specific Principles
Sustainable Development

 

Sustainable development is often defined as development that aims to meet the needs of the present while not compromising the ability of future generations to meet their own needs.

The legal formalisation of the EU's commitment to sustainable development as a policy objective was completed by the Lisbon Treaty. Sustainable development is now repeatedly mentioned in the Treaties: as a basic objective of the EU in the new Article 3 TEU; in Article 21 TEU concerning the external action of the Union; and in Article 11 TFEU setting out the integration principle.

The EU is now legally committed to pursue sustainable development both internally and externally, in its relations with countries and organisations outside the EU. Furthermore, there is a Commission-wide Impact Assessment for all future EU legislation to ensure it would conform to the principles of sustainable development as laid down in the EU Strategy for Sustainable Development. Accordingly, the requirement to preserve and improve the environment is applicable in all areas of EU law, for example in the nuclear energy sector (Case C-594/18 P Austria v Commission, para. 42).

In the secondary legislation, sustainable development serves as a framework principle behind the goals of environmental protection, either in specific legislation, or integrated into other policies.

Example:
According to recital 5 of the Birds Directive, the conservation of the species of wild birds naturally occurring in the European territory of the Member States is necessary in order to attain the European Union’s objectives regarding the improvement of living conditions and sustainable development. As a consequence, inter alia, hunting of birds is restricted to certain species, must be compatible with maintenance of the population of these species at a satisfactory level, and must consider other satisfactory solutions (See Case C-161/19 Commission v Austria).