Recital 49

(49) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). Where damage to human health has occurred as a result of a violation of the national rules transposing Article 19(1) to (5) and Article 20(1) and (2) of this Directive, and that violation has been committed intentionally or negligently, Member States should ensure that the individuals affected by such violations have the right to claim and obtain compensation for that damage from the relevant competent authority. The rules on compensation, access to justice and penalties laid down in this Directive have the objective to avoid, prevent and reduce harmful effects on human health and the environment from air pollution, in line with Article 191(1) TFEU. Those rules seek to integrate into the policies of the Union a high level of environmental protection and the improvement of the quality of the environment in accordance with the principle of sustainable development as laid down in Article 37 of the Charter, and put into concrete terms the obligation to protect the right to life and to the integrity of the person and the right to healthcare laid down in Articles 2, 3 and 35 of the Charter. This Directive also contributes to the right to an effective remedy before a tribunal, as laid down in Article 47 of the Charter, in relation to the protection of human health. The penalties provided for in this Directive should be effective, proportionate and dissuasive.

← Recital 48 · All articles · Recital 50 →

Source: EUR-Lex (Cellar) · retrieved 2026-10-16 · Text as adopted (Official Journal); later amendments are not incorporated in this text.