Legal characterization of the principles of soil protection in the law of the European Union
Year: 2025
Type: article
Abstract: This study has been focused on the principles of soil protection as the fundamental principles of the European Union environmental law. In particular, the author has examined the special principles whose main purpose in the field of environmental protection is to achieve a high level of environmental protection and to realize all the objectives of the European Union. The author has established that these principles are not limited to the field of environmental law protection, but also apply to the policies and actions of the European Union as a whole. At the same time, they have been constantly expressed and reflected in various founding treaties of the European Union and finally enshrined in the Lisbon Treaties. In particular, such fundamental principles of soil protection as the precautionary principle, primarily in the context of practical application, which includes the need to choose, having duly weighed the level of risk, action or inaction under conditions of uncertainty have been analyzed in the article. The principle of prevention is based on risk assessment, but its distinctive feature is the focus on avoiding foreseeable risks. In the article it has been also focused on the fact that states should not only refrain from causing harm, but also take measures aimed at protecting the environment. The author has analyzed the principle of eliminating pollution at the source and, in particular, establishes that it should be eliminated at the source, rather than dealing with the consequences of such pollution after it has been spread. In addition, the author has established that the polluter pays principle had an exclusively “economic” content and, only as a result of further development, acquired a new, more extended interpretation and was transformed into a principle of law. In the article it has been concluded that a literal interpretation of the “polluter pays” principle cannot reveal the multilayered nature of its practical implementation. Thus, the obligation of the “polluter” to pay is not limited to cases of direct environmental pollution, since administrative fees are introduced which should cover the costs of environmental control and prevention of possible pollution.
Author: N. A. Khomyk
Institution: Lviv University
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408943807