The evolving role of principles in EU environmental law

by Mariolina Eliantonio, Emma Lees and Marjan Peeters
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The tale of environmental principles in EU law is an unfinished one. First introduced in the Single European Act and later codified in Articles 11 and 191 TFEU, they have been the subject matter of copious literature throughout the years. More recently, the academic treatment of what we can label as “First Generation” principles, such as the principle of prevention and the precautionary principle, has begun to paint a picture of subtle and wide-ranging roles, often operating at multiple levels simultaneously. Meanwhile, the body of environmental principles themselves as well as the meaning of other principles in light of the environmental transition has also expanded. The influence of international law, the legal cultures of both the EU itself and its Member States, and recent legislative developments aimed to improve and accelerate the environmental transition, all contribute to this ever evolving role of principles in the field of EU environmental law. Moreover, in the case law of the Court of Justice of the European Union the reliance on principles to adjudicate on new questions is evident, as can be illustrated by cases in which various environmental principles have been used to interpret relatively clear “command-and-control” provisions.

The paramount role of principles is likely to increase in light of the need to interpret a large package of new and complex environmental norms in secondary EU law as a result of the Green Deal legislative actions. Furthermore, a large amount of administrative decision-making procedures will be needed in order to make this updated environmental acquis operational, and these procedures need to respect the applicable principles of EU (environmental) law.

In light of these developments, the aim of the seminar is to discuss the evolving role of principles in EU environmental law. It will examine how different principles evolve and operate together, in order to identify the foundational roles they play in the achievement of the Treaty objective of a high level of environmental protection.

Monday | 4 November 2024

14:15-14.30Opening by Prof Mariolina Eliantonio
14:30-16:00

Session I – Chair and discussant: Prof Mariolina Eliantonio, Maastricht University

  • Environmental Principles: Slogans Revisited, Prof Emma Lees, Cambridge University

  • The principle of subsidiarity in EU environmental law – lessons learned 
    from balancing subsidiarity and enforceability in the EU water and
    marine environmental law, Dr. Suvi-Tuuli Puharinen, Maastricht University

16:00-16:30      Coffee break 
16:30-18:00

Session II – Chair and discussant: Prof Marjan Peeters, Maastricht University

  • Emerging principles of EU Environmental Law and the European Green Deal: 
    an analysis of the Do No Significant Harm principle and its potential in
     upholding a high level of environmental protection, Erriketi Tla da Silva,
     Wageningen University
  • The operationalization of the Treaty-based general principles of precaution 
    and integration through the ‘Do No Significant Harm’ principle as applied 
    in the framework of the Recovery and Resilience Facility,
    Leila Kentache, Turin University
  • The principle of Integration: from Cinderella to a key principle of environmental law, Chiara Feliziani (University of Macerata)

Tuesday | 5 November 2024

9:00-11:00     

Session III – Chair and discussant: Prof Emma Lees, Cambridge University

  • To Green or to Grow? – Addressing the Legal Implications of the European Green
    Deal’s Reliance on the Growth Paradigm to Achieve Climate Neutrality and the 
    relevance of the precautionary principle, Roberto Talenti, Sant’Anna School of Advanced Studies in Pisa

  • The international and EU Principle of Prevention: a different legal force? 
    Reflections around its impact in the decision-making process, 
    Dr. Francesco Maletto, Client Earth

  • Channelling and Restraining Legal Power in the Transition of the Energy 
    Sector for a Successful European Green Deal: the key role of the principle 
    of energy solidarity, Patrick Abel, European University Institute and
    University of Passau and Max Münchmeyer, European University Institute

11:00-11:30     Conclusions and closing by Prof Marjan Peeters, Prof Emma Lees and Prof Mariolina Eliantonio

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