National environmental protection in the Internal Market

In consideration of the awful ecological situation, the further development of environmental protection is the task of the Community institutions and the individual member states. The environmentalists advance this improvement by increasingly setting further protectionist measures within their power, such as those already existing in other member states or those community established. The legally motivated environment protection measures of individual member states could create a non-tariff trade barrier between member states; business and industry situated there must adapted to the environmental conditions of the particular member state, if they wish to launch their product in that state. These safeguard clauses, concerning environmental law are of different nature, are thoroughly analysed and systematized by the author. The thesis gives priority to Article 100A, paragraph 4 and 5, and to Article 130T or 130R, paragraph 2, subparagraph 2, which has recently been introduced by the Treaty of Maastricht for the European Union. These articles are represented concerning their substantive and adjective requirements and are critically reviewed. Problems that have arisen in the course of the review are dealt with dogmatically and are discussed at length. The problems of national discrimination and the consideration of fundamental rights in the Community law are treated as well as the mixture of competences in the environmental law of the Community or the options on legal protection against national environmental acts, which can be made use of by Community institutions and by member states. (orig./HP)