The European Green Deal and the impact of climate change on the EU regulatory framework

SommaireIntroductionAlicja Sikora & Inga Kawka Part I. EU Green Deal – Tools, Methods and Challenges of CoherenceInstruments of the EU Climate PolicyFilip KrepelkaI. 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 Sustainability, the principle of environmental integration in EU law, and the legal form of planning actsKarolina Karpus I. IntroductionII. Sustainable Development and the Integrated Approach III. The Law as a Plan and the Plan as an Act of Hard/Soft Law IV. The Legal Form of EU Planning Acts and the EGD V. Conclusions E-government and Environmental Protection. Towards Greater SustainabilityInga Kawka I. Introduction II. The Principle of Sustainable Development in EU Law A. The Meaning of the Concept III. 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 IV. E-Government in the EU And Ecological Sustainability A. Introduction B. Digitalisation of the Administration as a Tool to EnhanceEcological Sustainability V. Conclusions Climate Change, Access to Information and the Mechanism of a Confirmatory Review: Mounting DiscrepanciesTiina Paloniitty 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 UnavoidableHurdle 89V. 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 Annex Sustainability and the Recommendations of the Holy See to EU Member StatesChristine Mengès-Le-Pape I. Introduction II. Against The Environmental Crises Of Europe, Memories and DreamsA. 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 LawTowards EU Nature Restoration Law: a Boost for Biodiversity and Climate?Mariusz BaranI. 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 RegulationV. Conclusions Energy Solidarity RevisitedIlona Przybojewska 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 The EU ETS and the European Green Deal – the Struggle for CompromiseMalgorzata Bryk-Zwolska I. Introduction II. The EU ETS Evolution III. EU ETS and EGD IV. Conclusion The EU Green Deal and the Farm to Fork Strategy: a Fundamental Rights Approach to Harmonise the Internal MarketMarco Inglese 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 Towards Green Public ProcurementAleksandra Soltysinska I. Introduction II. The Concept of G...