ABSTRACT

The Treaties do not expressly provide for a right to a healthy environment or quality of life. However, fundamental rights form an integral part of the general principles of community law. In safeguarding these rights the ECJ draws inspiration from constitutional traditions common to the Member States as well as international treaties on which Member States have collaborated or have signed. The key treaty for these purposes is the European Convention for the Protection of Human Rights and Fundamental Freedoms (see Nold KG v Commission [1974] ECR 491). The obligation of the European Union to respect human rights is enshrined in Art 6, Title I, of the Maastricht Treaty. This provides:

The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms ... and as they result from the constitutional traditions common to the Member States, as general principles of Community law.