THE PRINCIPLE OF ENSURING A HIGH LEVEL OF CLIMATE PROTECTION UNDER EUROPEAN UNION LAW
THE PRINCIPLE OF ENSURING A HIGH LEVEL OF CLIMATE PROTECTION UNDER EUROPEAN UNION LAW

Summary/Abstract: The principle of integrating the requirement of a high level of environmental protection and improving its quality into all Union policies, as enshrined in Article 37 of the Charter of Fundamental Rights of the EU, is also increasingly reflected in the EU action on climate change. It expresses the importance of environmental and climate protection as one of the European Union’s key objectives (Article 3(3) TEU and Article 191 TFEU) and specifies the level pursued. The proclamation of the Green Deal (December 2019), the assumption of the “Fit-for-55” package and in particular the adoption of the European Climate Law (Regulation (EU) No 1119/2021) have brought about important developments in the meaning of the principle and the affirmation of its specific dimension in order to ensure a high level of climate protection. As a principle of EU law, compliance with it is conditional on the validity of the derived law and thus subject to judicial review under the conditions laid down in Article 191 TFEU; it constitutes an element of the interpretation of the derived law, thereby influencing national policies and regulations in this area. Last but not least, the principle is an incentive and influence of the general movement of enshrining and guaranteeing a stable right to climate, which is part of the general human right to a protected environment.

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