The Charter of Fundamental Rights and the Environmental Policy Integration Principle

Abstract

This Chapter focuses on the Environmental Policy Integration principle in light of Art. 37 of the EU Charter of Fundamental Rights. The author pinpoints a number of shortcomings of this principle and the potential conflict of competencies between the institutions called upon to ensure its respect. Moreover, possible inconsistencies in the case law of the Luxembourg and Strasbourg Courts are taken into account. The consequences of a binding Charter on the EPI principle are believed to be twofold: on the one side, the principle promotes the greening of EU legislation; on the other, it can be viewed as a method of governance in the environmental law making process. In this regard, although the Reform Treaty makes it very difficult for European and national Courts to ignore Art. 37 CFR, the formal recognition of the EPI principle must be accompanied by more concrete measures.