Environmental protection in the European Union and its effects on the free movement of goods in the single market

The trauma originated from the Two World Wars leaded such a perception that the only way of peace and welfare goes only through economy. In the direction of this perception, Treaties Establishing The European Communities which based on the free movement of goods and abolishement of the borders among the member states were successively concluded. Eventually the economic development was managed but at the cost of the pollution of the environment.When the 1970?s came, being a reaction against the increasing environment problems it was seen that the philosophical and human dimension of the environment was considered, the environmentalist perception rised generally in the world and among the European people and in some member states.However since each member state of the Community has taken up different approaches on the environment and has its own possibilities to put into practice those approaches, while any good may be put freely in the market of a member state the same good may be precluded from putting in the market of another member state or this is so till the good can fulfill some additional expenses which are not compulsory for the domestic products. Thus it was observed that the process of the internal market of the Community is distorted. In this context the Community has embarked to give shape to the environment policy not to fall back of the environmentalist perceptions which command both the public and member states in Europe.The Community is authorized to legislate measures directly related to the environment and the harmonization measures which remove the differentations among the national measures of the member states, taking account a high level of protection of the environment. On the other hand member states continue to legislate environmental measures. Because the environment matters do not fall under the exclusive competence of the Community but the competing powers with the member states. However the legitimacy of the national environmental measures which restrict the free movement of goods depends on whether there is a Community harmonization measure.?The effects of the EU environment policy on the free movement of goods? is an actual subject matter and open for development. Additionally it is important with regard to the relationship between the EU and Turkey. Thus it has been considered to be necessary to study on this subject matter.In this context, the study at hand has been carried out by pursuing an historical method and by taking account of the theoretical aspects of the matter and the case laws of the Court of Justice of the European Communities.Key Words: Free movement of goods, environmental protection, approximation of laws.