Introduction
p. 7-11
Note de l’auteur
All views expressed herein are those of the editor, not of the European Council or the Council of the European Union.
Texte intégral
1Managing change and translating change into legal language is a transversal and continuous conceptual challenge. The unprecedented impact of climate change, and the parallel ecological transformation on the Union’s regulatory framework, thus inspired members of the Chair of European Law at the Jagiellonian University to create an academic platform for the exchange of ideas and scientific experiences. Under the auspices of the Jean Monnet Module entitled ‘Sustainability and Climate Change in EU Law’, an international scientific conference (the JMM Autumn Sustainability Event 2022) was held on 28–29 October 2022, inviting scholars from different corners of Europe to share and confront their thoughts about various aspects of sustainability in EU law and beyond. This scientific debate revolved around the topic of ‘The European Green Deal and the impact of climate change on the EU regulatory framework. Searching for coherence’. Climate change and environmental degradation constitute an inevitable threat to the world we know. Whilst the Union’s primary law already contains a number of principles and instruments enabling the Union to meaningfully embrace environmental transformation, including in its constitutional dimension, the European Green Deal (EUGD) was created by the European Commission to further boost and effectively prepare the Union to meet environmental challenges, in particular at the economic level. Thus, the EUGD aims to help transform the Union (EU) into a modern, resource-efficient and competitive economy, which is to achieve net zero greenhouse gas emissions by 2050. As illustrated by the European Green Deal, sustainable development and the related regulatory framework aiming at achieving climate neutrality is crucial for the future of the Union. Yet, rendering Europe the first climate-neutral continent in the world requires legislative action in various fields of the Union’s competence. EU legislator must take this into account environmental requirements when creating and implementing all the EU policies, in particular with a view to promoting sustainable development. The EU legal order is already substantively penetrated by the rising principle of a high level of environmental protection. Whilst this environmental ambition is currently on the rise, it must be adequately balanced with economic and social realities. This means that the greatest challenge for EU legislator at present is the coherence of the choices to be adopted.
2Against this background, the Jean Monnet Module project entitled ‘Sustainability and Climate Change in EU Law’, implemented by the Chair of European Law at the Jagiellonian University, aims to disseminate knowledge about two interrelated concepts highly relevant at the current stage of the Union’s development: sustainable development and climate change. Owing to the scientific and popularisation activities carried out as part of this project, it was possible to gather numerous participants and speakers at the JMM Autumn Sustainability Event 2022, including representatives of EU institutions, Polish administrative bodies, public enterprises, and scientists from seven domestic and 15 foreign universities; notably from Netherlands, Belgium, Italy, Czechia, France, Finland, the United Kingdom, Serbia, and Ukraine. In order to meet the purposes of the scientific event, conference participants discussed processes and structures, dynamics and complexity, as well as threats and opportunities related to the search for coherent legal solutions ensuring the effective fight against climate change in the EU and the implementation of the assumptions of the EU Green Deal. Based on the research presented during the conference, the analyses included in the individual chapters of this monograph were developed.
3This monograph is divided accordingly into three parts: The EU Green Deal: Tools, Methods and Challenges of Coherence; (Re)Shaping the EU Regulatory Framework: Towards an Ecological Dimension of EU Law and finally The Global Dimension of the EU Green Deal.
4The first part of the book entitled The EU Green Deal: Tools, Methods and Challenges of Coherence, begins with a chapter exploring the concept of instruments of EU climate policy by addressing terminological issues, the choice of legal instruments, and the position and role of these instruments (Filip Křepelka). The next section examines the intersection of public planning at the EU level, motivated by environmental goals, and the efforts to align policy and law, with a focus on two key models of planning acts in EU law and a critical assessment following the enactment of the European Green Deal in 2019 (Karolina Karpus). Inga Kawka, in turn, analyses how the EU’s rising principle of sustainable development, centered on balanced economic growth, a social market economy, and environmental protection, is considered by EU institutions in the context of the ongoing digital transformation, emphasising the potential for digital tools, such as artificial intelligence, 5G, and IoT, to drive the ecological transformation while cautioning against potential environmental threats posed by ICT development. The following chapter explores the European Union’s alignment to the Aarhus Convention, highlighting its limited commitment to environmental and human rights within the Convention, particularly in the context of access to information, with a focus on the EU Commission’s decisions from 2017–2020; it reveals that the Commission’s regulatory strategies and interpretation of key criteria have further restricted access to climate information, compromising procedural human rights secured by the Convention, and emphasises the need for improvements in the interpretation and application of Aarhus Regulation clauses related to access to information (Tiina Paloniitty). This first part of the monograph ends with the chapter regarding considerations between law and theology related to the speech of Pope Francis (September 2015) to EU environment ministers, in which the Pope emphasised the longstanding ecological tradition of ‘old Europe’ and proposed three principles – solidarity, justice, and participation – as urgent measures in addressing environmental degradation.
5The second part of the monograph entitled (Re)Shaping the EU Regulatory Framework: Towards an Ecological Dimension of EU Law opens with an article by Mariusz Baran devoted to the European Commission’s proposal on Nature Restoration Law, which mandates that EU Member States rejuvenate landscapes affected by human development, with legally binding restoration targets for various ecosystems. The success of this legislation is seen as crucial for the achievement of the EU’s climate and biodiversity goals, emphasising the importance of recovering ecosystems with carbon capture potential, and highlighting the legal strength it adds to conservation and restoration efforts across Europe. The next chapter explores the concept of energy solidarity within the context of the European Green Deal (EUGD), presenting a conceptual framework, analysing the fundamental assumptions of the EUGD, as well as discussing how EU climate policy may negatively impact other elements of energy security, potentially undermining the significance of the principle of energy solidarity and posing risks to energy security (Ilona Przybojewska). In turn, the article by Małgorzata Bryk-Zwolska highlights the significance of the European Union’s greenhouse gas emissions trading scheme (ETS) as a key tool in EU climate policy, discussing the dynamic nature of carbon markets and the evolving legal framework of the original EU ETS Directive. The next chapter discusses the Green Deal and Farm to Fork Strategy as pivotal in shaping the future legislation of the European Union, highlighting the need for consistency and an integrated approach to fundamental rights, particularly focusing on detailed labelling rules impacting on fundamental rights and contributing to rendering sustainability a global standard in the food production value chain (Marco Inglese). The chapter by Aleksandra Sołtysińska is devoted to the issue of Green Public Procurement, promoting environmental protection, and mitigating climate change. The author notes that the legal solutions in the EU are largely optional, granting Member States significant discretion in their implementation. Kamil Dobosz, however, notes in his chapter that the evolving perspective on competition law in the European Union includes a facet related to sustainability and focus on how National Competition Authorities can contribute to achieving sustainability goals within the framework of competition law. The second part of the monograph ends with very insightful considerations concerning the architecture of the European sustainable finance framework and its potential impact on the execution of the European Green Deal agenda (Marcin Krzemień).
6The third part of the monograph begins with the article by Olena Uvarova. Her chapter highlights the lack of coherence in the EU’s external policy regarding business and human rights (BHR) in post-Soviet countries, specifically focusing on Ukraine and Moldova. In particular, it focuses on the role of EU external policy in BHR developments in the Eastern European and Central Asian region, raising questions about 1) key factors influencing the BHR landscape, 2) balance between market economy development and responsible business conduct, 3) the principles needed for such balance. The following chapter focuses on the adaptation of Ukrainian waste legislation to EU standards through the examination of normative legal acts, international regulations, and EU legislation. While Ukraine’s regulatory framework aligns with EU legislative standards, the practical implementation of circular economy principles faces challenges, attributed to factors such as insufficient investment in waste infrastructure, and low legal consciousness among the population (Yuliia Leheza). Jakub Bednarek’s chapter concerns the Carbon Border Adjustment Mechanism (CBAM) which aims to create fair competition for EU manufacturers, and enhance emission reduction targets. As noted by the author, the CBAM fails to provide special treatment for developing states. It raises concerns about its alignment with the Common But Differentiated Responsibilities (CBDR) principle. The book ends with a chapter by Julia Volkova. This author explores the principle of proportionality in the use of natural resources in the legislation of the EU and Ukraine, and emphasises the need for balance between private and public interests, especially in the field of ecology.
7We wish to thank the conference participants and the authors of the respective chapters of this publication for their contribution to presenting the results of the research conducted.
8This monograph is addressed to lawyers, administrators, public administration practitioners, judges, barristers, legal advisors, as well as students of law, administration and economics.
9We present you this book in the hope of inspiring further reflections about the concept of coherence in the EU legal order, as well as disseminating knowledge about the European Green Deal, including as an inspiration for further research in EU law.
Auteurs
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Alicja Sikora
Dr hab., Senior Lecturer, Chair of European Law, Jagiellonian University (Krakow, Poland); Associated Researcher at Centre d’étude du droit de l’environnement (CEDRE) of the UCLouvain Saint-Louis University (Brussels, Belgium).
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Inga Kawka
Dr hab.; Professor of the Jagiellonian University, Chair of European Law, Jagiellonian University (Krakow, Poland).
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