Abstract
The European Union has been widely regarded as a leader in environmental protection by providing a comprehensive and robust legal framework that encompasses both substantive and procedural aspects. However, there has been growing concern over the occurrence of ‘environmental backsliding’, whereby environmental standards are weakened or reversed in certain EU Member-States, jeopardising the effective application of EU environmental law. Backsliding can take multiple forms ranging from flagrant violations of EU environmental law that lead to the initiation of infringement procedures by the European Commission to subtle legislative amendments that do not result in breaching EU law obligations, but still constitute a reversal of environmental standards. However, Member States are not the only ones responsible for environmental backsliding. At the EU level, the effective integration of environmental objectives in other sectoral policies is often inhibited by EU legislation especially in the fields of agriculture and energy. Considering this alarming reality, it is crucial to reflect on the potential of the EU legislation and more specifically of EU primary law (Treaties and Charter) to provide a basis for the prohibition of backsliding.
This talk will discuss: i) how can environmental backsliding be conceptualised and ii) whether the EU Treaties provide for a legal basis for the identification of a principle of non-regression that can act as a binding prohibition of environmental backsliding.
Zoom
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