Soil Protection in EU Law through Transnational Administrative Acts: from Sovereign Immobility to Cooperative Management?

Abstract There is a paradox in linking soil law and transnationality, given that soil is associated with territory, as the main expression of State sovereignty. European Union legislation on the matter, adopted in the context of its environmental competence, perfectly respects the principle of territoriality. However, in the framework of the internal market, when it comes to plants and fertilisers that can be a factor in soil pollution, the balance between free movement and environmental requirements has led the European Union legislator to use the technique of transnational administrative acts. This contribution explores how soil protection may be achieved through transnational administrative acts in the EU.