EU환경법상 환경정책의 목적에 대한 파라콰트 관련법령의 취소
A Study on the Paraquat as Compared with the Objectives of the Environment Policy in European Environmental Law
김두수(한국외국어대학교)
35권 4호, 215~230쪽
초록
In the past 30 years, the EU has adopted a substantial and diverse range of environmental measures aimed at improving the quality of the environment for European citizens and providing them with a high quality of life. Since then there have been significant efforts in terms of policy. Now the focus is on putting policy into practice. Korea, is interested in environment and environmental law, could be learned a good lesson from European environmental law. This article provides an in-depth analysis of these measures and discusses important legal issues of European environmental law. This article dealt with what the legal grounds for EU environment policy. The first paragraph of Article 191 TFEU provide the objectives of european environment policy. They are preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilization of natural resources and promoting measures at international level to deal with regional or worldwide environmental problems. The fundamental understanding on the objectives of european environment policy is very important thing because that is the foundation work for depth and a wide scope understanding about whole environmental law. And the Paraquat Case, in this article, was examined in comparison with the objectives of the environment policy in European environmental law. The General Court(former Court of First Instance) annulled Commission Directive 2003/112/EC of 1 December 2003 amending Council Directive 91/414/EEC to include paraquat as an active substance, in breach of the principle of integration, breach of the precautionary principle and breach of the principle that a high level of protection should be ensured. Finally, the objectives of environment policy of Korea must be promoted and paraquat must be restricted to use in general as EU.
Abstract
In the past 30 years, the EU has adopted a substantial and diverse range of environmental measures aimed at improving the quality of the environment for European citizens and providing them with a high quality of life. Since then there have been significant efforts in terms of policy. Now the focus is on putting policy into practice. Korea, is interested in environment and environmental law, could be learned a good lesson from European environmental law. This article provides an in-depth analysis of these measures and discusses important legal issues of European environmental law. This article dealt with what the legal grounds for EU environment policy. The first paragraph of Article 191 TFEU provide the objectives of european environment policy. They are preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilization of natural resources and promoting measures at international level to deal with regional or worldwide environmental problems. The fundamental understanding on the objectives of european environment policy is very important thing because that is the foundation work for depth and a wide scope understanding about whole environmental law. And the Paraquat Case, in this article, was examined in comparison with the objectives of the environment policy in European environmental law. The General Court(former Court of First Instance) annulled Commission Directive 2003/112/EC of 1 December 2003 amending Council Directive 91/414/EEC to include paraquat as an active substance, in breach of the principle of integration, breach of the precautionary principle and breach of the principle that a high level of protection should be ensured. Finally, the objectives of environment policy of Korea must be promoted and paraquat must be restricted to use in general as EU.
- 발행기관:
- 법학연구소
- 분류:
- 법학