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Environmental Governance and the Legal Bases Conundrum

This article unfolds in seven sections. Before embarking upon analysing the conﬂicts between the environmental policy and other EU policies, it is necessary to recall the principles which govern the choice of legal bases and the review by the Court of its exercise. The article then covers conﬂicts between the environmental policy and the internal market, the Common Commercial Policy (CCP), the Common Agricultural Policy (CAP), criminal law, and nuclear law. Underpinning this analysis of the case-law is the view that environmental issues are progressively addressed within a broad range of EU policies. This evolution is testament to the inﬂuence of the key objective of sustainable development which is currently enshrined in Article 3(3) and (5) TEU, Article 21(2)(d)–(f) TEU, Article 11 TFEU, and Article 37 of the Charter of Fundamental Rights of the EU. Since it is made up of three heads (social, environmental, and economic), sustainable development represents a delicate balancing of the competing social, economic, and environmental interests. As a result, sustainable development requires commercial law, competition law, consumer law, environmental law, and worker protection law to interact. Similarly, the dialogue between law and science, economic development and the preservation of natural resources, the regulation of access to resources and our consumer society must �?nd the green shoots of a solution under the aegis of this kind of rule that is dedicated par excellence to the reconciliation of competing interests.