Table des matières
Alicja Sikora et Inga Kawka
IntroductionPart I. EU Green Deal – Tools, Methods and Challenges of Coherence
Filip Křepelka
Chapter I
Instruments of the EU Climate Policy- I. Introduction
- II. Terminology Concerning Instruments
- A. The Importance of Language(s)
- B. A Misleading Role without Impact (European Climate Pact)
- C. The Unexplored Potential of Languages (European Green Deal)
- D. Emerging Statist Terminology (European Climate Law and several acts)
- III. The Choice of Legal Instruments
- A. Resorting to Instruments in EU Lawmaking
- B. Euro-multi-crises and Responses to Them
- C. Existing EU Climate Laws
- D. Intensification of Climate Policies (‘Fit for 55%’)
- E. The Choices Among Legal Instruments and their Substantiation
- IV. The Position and Role of these Instruments
- A. Constitutionalisation and ‘Mimesis’
- B. Regulatory ‘Delicacy’
- C. Possible escalation
- V. Conclusions
Karolina Karpus
Chapter II
Sustainability, the principle of environmental integration in EU law, and the legal form of planning actsInga Kawka
Chapter III
E-government and Environmental Protection Towards Greater Sustainability- I. Introduction
- II. The Principle of Sustainable Development in EU Law
- A. The Meaning of the Concept
- i. Balanced Economic Growth
- ii. Social Market Economy
- iii. A High Level of Environmental Protection
- iv. Balanced Consideration of Social, Economic and Environmental Objectives
- II. The Operationalisation of the Principle of Sustainable Development on the Example of the Digital Transformation of the EU
- A. Introduction
- B. Digital Transformation and Sustainability
- i. Ecological sustainability
- ii. Economic Sustainability
- iii. Social Sustainability
- IV. E-Government in the EU And Ecological Sustainability
- A. Introduction
- B. Digitalisation of the Administration as a Tool to Enhance Ecological Sustainability
- i. Digitalisation of Administration and the Capacity of the Member States’ Environmental Protection Administration
- ii. A European Data Space for the European Green Deal
- iii. Digital Public Services Enhancing Environmental Protection. The Example of Smart Cities
- V. Conclusions
Tiina Paloniitty
Chapter IV
Climate Change, Access to Information and the Mechanism of a Confirmatory Review: Mounting Discrepancies- I. Introduction: The Triangle of Climate Change, Institutional Transparency, and the EU
- II. The Aarhus Regulation and the Confirmatory Review Process
- III. The Confirmatory Review Decisions in Numbers
- IV. The Limited Room of Manoeuvre of the Aarhus Regulation
- A. ‘Emission into the Environment’ – the Test that Climate Change Impacts can Never Overcome?
- B. Confidentiality vs Transparency discourse: the Unavoidable Hurdle
- V. The Challenge of the Global Scale and the Purposive Approach Nowhere to Be Seen
- A. The Unresolved Challenge of the Scale of Climate Change
- B. The Underdeveloped Potential of Purposive Approach
- VI. Conclusions
Christine Mengès-Le-Pape
Chapter V
Sustainability and the Recommendations of the Holy See to EU Member States- I. Introduction
- II. Against The Environmental Crises Of Europe, Memories And Dreams
- A. Introduction
- B. Pontifical Discourses on Environmental Crises
- C. An Ecological Conversion: Between Memories and Dreams
- III. Three Principles to Serve ‘the European Green Deal’
- A. Introduction
- B. Solidarity and Justice
- C. The Principle of Participation
Part II. (Re)shaping the EU Regulatory Framework: Towards an Ecological Dimension of EU Law
Mariusz Baran
Chapter VI
Towards EU Nature Restoration Law: a Boost for Biodiversity and Climate?- I. Introduction
- II. The Need to Restore Natural Resources in Europe
- III. Deficiencies of the Current State of EU Law on the Protection of Natural Ecosystems
- A. The Natura 2000 Nature Network – the Habitats Directive and the Birds Directive
- B. The Damage Directive and the Obligation to Prevent and Remedy Environmental Damage (Directive 2004/35/EC)
- C. Water Framework Directive (Directive 2000/60/EC) and Marine Strategy Framework Directive (Directive 2008/56/EC)
- IV. Legal Regime (Objectives and Legal Instruments) for Restoration of Natural Ecosystems According to the Draft Regulation
- V. Conclusions
Ilona Przybojewska
Chapter VII
Energy Solidarity RevisitedReflections in the Context of the EU Green Deal
- I. Introduction
- II. Energy Solidarity: a Conceptual Framework
- A. Energy Solidarity in EU Law
- B. Energy Solidarity in the Jurisprudence of the EU Courts
- C. Dynamic Orientation of the Concept of Energy Solidarity; Proposing the Definition
- III. Energy Matters
- A. Aspects of the European Green Deal Selected for Closer Inspection
- B. Increasing EU Climate Ambitions vs Energy Security and Energy Solidarity
- C. Supplying Clean, Affordable and Secure Energy vs Energy Security and Energy Solidarity
- IV. Conclusions
Małgorzata Bryk-Zwolska
Chapter VIII
The EU ETS and the European Green Deal – the Struggle for CompromiseMarco Inglese
Chapter IX
The EU Green Deal and the Farm to Fork Strategy: a Fundamental Rights Approach to Harmonise the Internal Market- I. Introduction: an Overview of the Principle of Consistency
- II. The Green Deal as the Cornerstone of the Commission’s Legislative Proposals
- III. Upholding of the EU Green Deal: the Farm to Fork Strategy and the Sustainability of Food Systems
- IV. Fundamental Rights and Harmonisation: Ensuring Consistency in EU Secondary Law
- V. Concluding Remarks
Aleksandra Sołtysińska
Chapter X
Towards Green Public Procurement- I. Introduction
- II. The Concept of Green Public Procurement
- III. The Role of the Court of Justice in Developing the Importance of Green Public Procurement
- IV. Green Procurement Regulations in the EU
- A. Introduction
- B. Article 18(2) of the Public Sector Directive
- C. Environmental Aspects in the Public Procurement Process
- i. Regulations with the Nature of Sanctions Restricting Access to Public Procurement
- ii. Environmental Aspects within Technical Specifications and Award Criteria
- iii. The Link between Award Criteria and the Subject-Matter of the Public Contract
- iv. Life-Cycle Costing (LCC)
- v. Contract Clauses
- V. Conclusions
Kamil Dobosz
Chapter XI
In the Quest for Sustainability – How can National Competition Authorities Contribute?- I. Introductory Remarks
- II. Origins of Sustainability in European Antitrust
- III. Does EU Competition Law Preclude Sustainability Goals?
- VI. (Un)Hidden Solution
- V. Dispute on Article 3(3) Regulation 1/2003
- VI. Revised Horizontal Block Exemption Regulations and Guidelines
- VII. EU and Pure Dimension Cases
- VIII. Conclusions
Marcin Krzemień
Chapter XII
How Can Sustainable Finance Regulation Contribute to the Funding of the EU’s Environmental and Climate Transition?- I. Introduction – The European Green Deal as the EU’s Environmental and Climate Strategy
- II. The Commission’s Strategy for Financing the Transition to a Sustainable Economy – Creating the EU’s Sustainable Finance Framework
- III. Review of the European Sustainable Finance Legislation
- A. Introduction
- B. The Taxonomy Regulation
- C. Reporting Obligations
- D. Prudential Obligations for the Financial Sector
- E. Sustainable Financial Products
- F. ESG-Related Fiduciary Duties
- G. The European Sustainable Finance Legislation – a Summary and Prospects for the Future
- IV. How Can the Sustainable Finance Regulation Contribute to the Funding of the EU’s Environmental and Climate Transition?
- V. Challenges for the EU sustainable finance framework
- A. A test for the taxonomical approach
- B. The wider issue of transparency
- C. Greenwashing – A Looming Risk Made More Prominent
- VI. Conclusions
Part. III. The Global Dimension of the EU Green Deal
Olena Uvarova
Chapter XIII
(In)coherence of the EU External Policy impact on business and human rights developments in the post-Soviet region- I. Introduction: SDG and BHR Agendas in EU External Policy
- II. Cooperation with the EU as a Factor of BHR Developments in the Post-Soviet Region
- A. The Lack of UNGPs Implementation by Post-Soviet Countries
- B. BHR as a Gap in the EU External Policy
- i. Expectations that Countries Inspired to be Integrated into the EU Should Meet
- ii. Expectations that the Central Asian Countries Should Meet
- III. Conclusions
Yuliia Leheza
Chapter XIV
The Transition of Waste Management According to the EU and Ukrainian Legislation- I. Introduction
- II. The Low Efficiency of the Policy of the European Green Deal in the Sphere of Waste Management in Ukraine
- III. The Content of the ‘Waste’ Concept in Accordance with the Legislation of Ukraine and the EU
- IV. Waste Management as the Content of the Transformation of Environmental Policy in Ukraine
- V. Conclusions
Jakub Bednarek
Chapter XV
Is the EU Realising an Externally Just Green Transition?An Analysis of the Carbon Border Adjustment Mechanism from the Perspective of the Common but Differentiated Responsibilities Principle
- I. Introduction
- A. The Carbon Border Adjustment Mechanism
- B. Common but Differentiated Responsibilities
- i. The Principle in International Climate Change Law
- ii. Legal Obligations Stemming from the CBDR Principle
- iii. The CBAM Though the Lenses of the CBDR Principle
- C. Adjusting the CBAM
- II. Conclusions
Yuliia Volkova
Chapter XVI
The EU Green Deal and the Principle of Proportionality as the Main Principle of Environmental Safety- І. Introduction
- IІ. The Concepts and Principles of the EU Environmental Policy
- A. The principle of Integration
- B. The principle of Citizen Involvement
- C. The Principle of integration of environmental policy
- IIІ. The principle of Proportionality and the Principle of the Rule of Law: the Ratio of Categories
- IV. Ecological Proportionality
- V. Conclusion
