The evolving role of principles in EU environmental law

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.