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Environmental Protection and the Free Movement of Goods : Emphasis on Waste Management

Show simple item record 2015-04-22T06:01:26Z 2015-04-22T06:01:26Z
dc.title Environmental Protection and the Free Movement of Goods : Emphasis on Waste Management en
ethesis.discipline European law en
ethesis.discipline Eurooppaoikeus fi
ethesis.discipline Europarätt sv
ethesis.faculty Faculty of Law en
ethesis.faculty Juridiska fakulteten sv
ethesis.faculty Oikeustieteellinen tiedekunta fi
ethesis.faculty.URI Helsingfors universitet sv University of Helsinki en Helsingin yliopisto fi
dct.creator Siltala, Susanna
dct.issued 2015
dct.language.ISO639-2 eng
dct.abstract The free movement of goods is one of the economic freedoms of the internal market guaranteed in the EU. It has been one of the founding objectives of the Union, which has preserved its status as a fundamental principle. The role of environmental protection as an EU objective has however increased gradually, reflecting the changing view of the society. It is currently one of the key policy areas in the Lisbon Treaty, and it has also developed into a fundamental right recognized in the Charter of Fundamental Rights of the European Union. The free movement of goods and environmental protection may sometimes collide with each other, and this thesis aims at interpreting how environmental protection can serve as a justification to restrictions on the free movement of goods, especially in relation to waste management. It discusses how environmental protection has developed from a mere mandatory requirement in Danish Bottles (C-302/86) to an objective recognized as having a fundamental nature in Brenner Heavy Lorries (C-28/09). Waste is an environmental, social and economic challenge for the EU. Others consider it a dangerous burden, while for some it can be a valuable resource when re-use, recycling and other recovery operations are applied. The EU has made significant progress to optimize its waste management policies, but the amount of waste going into landfills has not been reduced, and waste volumes have continued to increase. Waste related EU legislation is weakly implemented in some Member States, and there exists various differences between Member State transpositions. EU waste policy is based on the hierarchy of waste, in which waste prevention is set as the highest priority and is followed by preparing for re-use, recycling, other recovery and lastly disposal. The EU has also introduced a life-cycle approach, which takes into account the environmental impact of each phase in a product’s life-cycle. This thesis will analyze how Member State waste management measures can lead to restrictions to the free movement of goods, and in what circumstances they can be justified for environmental protective reasons. en
dct.language en
ethesis.language English en
ethesis.language englanti fi
ethesis.language engelska sv
ethesis.thesistype pro gradu-avhandlingar sv
ethesis.thesistype pro gradu -tutkielmat fi
ethesis.thesistype master's thesis en
dct.identifier.ethesis E-thesisID:739812cb-650c-4be5-ab30-e9470ef076d7
ethesis-internal.timestamp.reviewStep 2015-03-24 16:56:18:409
dct.identifier.urn URN:NBN:fi:hulib-201508073440
dc.type.dcmitype Text

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