Gracia Marin-Duran and Elisa Morgera
EU Charter, environmental integration, environmental rights, access to justice, international environmental law
This paper analyzes Article 37 (Environmental Protection) of the EU Charter of Fundamental Rights from the viewpoints of EU law and international environmental law. It explores the reasons for the lack of any individually justifiable environmental right of a substantive or procedural character under the Charter. The paper then investigates the potential of Article 37 to influence the interpretation and application of EU law and of other Charter provisions in the light of the EU Treaty requirement of environmental integration.
(2014) Peers, Hervey, Kenner and Ward, eds. Commentary on the EU Charter of Fundamental Rights (Hart) pp. 983 – 1003.