Fenntarthatósági elemek a belső piaci jogalkotásban

The European Green Deal is also of crucial importance for internal market legislation, as it provided for a number of measures which are essentially internal market motivated and traditionally based on Article 114 TFEU, the legal basis for the internal market. In particular, this is the case for legal acts dealing with waste, hazardous substances, packaging, but the sustainability approach can in certain cases also extend to warranty claims. In this paper, we will examine how the new measures and amendments adopted under the Green Deal have triggered changes in internal market legislation in general, why the regulation has taken precedence over the directive as a regulatory instrument, how the dual legal basis has affected minimum harmonisation and the competition of legal bases, and in which traditional areas of private law sustainability considerations have increasingly been introduced.

Keywords: European Green Deal, internal market legislation, competition of legal bases, minimum harmonisation