نوع مقاله : علمی پژوهشی
1 دکتری حقوق بینالملل، دانشگاه پیام نور تهران
2 دانشیار دانشکده حقوق دانشگاه شهید بهشتی
عنوان مقاله [English]
There has ever been a conflict between economic interests and environmental considerations. This conflict is more eminent in the legal system of the European Union (EU). EU was founded mainly for economic integration and the elimination of trade barriers, but other issues especially the environment were gradually placed in the organization's objectives. The European Court of Justice (ECJ) is the EU judicial body that guarantees the interpretation and implementation of EU treaties. This paper, with qualitative study and outcome analysis of several environmental cases in the European Court of Justice, following the analysis of the Court's work on the issue of conflict and the creation of a balance between these two areas has ultimately achieved a solution to this conflict. The ECJ uses tools such as the preliminary reference procedure, the infringement procedure, discriminatory test and the proportionality principle to address these challenges. Although the ECJ still urges on the economic principles of the EU, it can be concluded from its case law that the proportion of environmental measures may alter these principles.