Environmental constitutional law

Environmental law at both national and European levels is based on norms laid down in environmental constitutional law.

The provisions of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) and of the Basic Law (Germany’s constitution) have priority over ordinary legislation at their respective regulatory levels; in other words, the TEU and TFEU take precedence over secondary EU law and the Basic Law takes precedence over German environmental (administrative) law. This gives environmental constitutional law an important steering function in the further development of environmental law.

Environmental constitutional law also embodies fundamental environmental principles. Both European and German constitutional law are familiar with the precautionary principle and the polluter-pays principle. The cooperation principle is found in German environmental law, completing the principles triad.