Prawne aspekty reglamentacji europejskiej swobody przedsiębiorczości ze szczególnym uwzględnieniem konieczności ochrony środowiska
Legal Aspects of Regulation of European Freedom of Establishment with Particular Emphasis on the Need of the Protection of the Environment

Summary/Abstract: The necessity of environment protection has been taking an increasingly important role in the legal order of the European Union. Provisions relating to the protection of the environment and its components are included in sectoral and horizontal regulations, secondary law and primary law as well. Moreover, this problem is increasingly becoming the subject of rulings in the Court of Justice of the European Union due to the voluminous range of regulation. Environmental protection achieved through the reduction of any kind of activities which may have negative impact on all biotic and abiotic factors, is one of the reasons for the regulation of the EU’s economic freedoms constituting the basis for the EU single market. This also applies to the freedom of establishment, defined as the right to take up and pursue economic activities such as self-employment as well as establishing and managing undertakings (companies). Provisions of the primary law do not include the environment and its protection into the catalogue of values which justify the limitations of the freedom of establishment. However matters relating to the environment protection may justify such limitations as the mandatory requirements of the public interest. The mandatory requirements are non-economic values (grounds) which were established by the ECJ in its case law. They allow to prohibit the EU’s “four freedoms” due to the need of protection of public interests which were not indicated in the provisions of the primary law. This paper focuses on the environment and the necessity of its protection in the context of the legal instruments which justify the limitations of the freedom of establishment.

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