8 - The Court of Justice of the European Union and the High Level of Environmental Protection: Transforming a Policy Objective into a Concept Amenable to Judicial Review

Summary

The concept of a high level of protection can advance the effectiveness of environmental law. It plays a role in the case law of the European Court of Justice (ECJ), in relation to environmental- and health-related issues, even if with varied outcomes. It is a known concept in EU law, since it has been assigned as a target to the European decision maker, in relation to such policies and in the context of European integration.  Recent ECJ case law demonstrates that the statement of such an objective is not merely programmatic; it can help judicial review. The ECJ welcomes the high level of protection requirement as a possible ground for reviewing legality of European acts or boosting its interpretations. The chapter explores and highlights the relevance of fixing targets and objectives in environmental legislation, at meta or lower levels. The setting of an ambitious objective can be a pivotal element in reviewing a measure's legality, especially when assessing proportionality.