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Greening the EU and the Rule of Law: Opportunities and Limits of the EU’s Legal Powers

Edited by: Marjan Peeters, Kati Kulovesi Annalisa Savaresi Mariolina Eliantonio

ISBN13: 9781035355396
To be Published: January 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £130.00





This timely book examines the European Green Deal in relation to the rule of law, providing insights into the potential and limitations of the EU’s legal powers in achieving the Green Deal’s objectives. It explores key themes including constitutional questions, market steering, enforcement, liability and access to justice, and the EU’s global influence.

Expert authors investigate instruments adopted under the Green Deal, such as the Nature Restoration Law, the Corporate Sustainability Due Diligence Directive, and the Environmental Crime Directive. They highlight the recalibration of internal market law and the emergence of a green monetary policy, initiating and advancing academic and legal debate on implementing the Green Deal. Contributors analyse the Green Deal’s legal foundations through core principles, covering a broad scope of topics spanning constitutional law, new regulatory approaches, enforcement, liability, and access to justice. The book concludes that, given the need for transformative action, the concept of `learning by doing’ offers a valuable lens for researching and assessing the impact of the Green Deal in light of rule of law values.

Greening the EU and the Rule of Law is an essential read for academics and students in environmental law, European law, and public international law. It is also a beneficial resource for practitioners and policymakers in EU environmental law for its valuable insights.

Subjects:
Environmental Law, EU Law
Contents:
Introduction: Greening the EU and the rule of law – opportunities and limits of the EU’s legal powers x
Mariolina Eliantonio, Kati Kulovesi, Marjan Peeters and Annalisa Savaresi
1. The rule of law and the EU Green Deal – uneasy interactions between legal instruments and the legal systemic landscape 2
Niko Soininen, Kaisa Huhta and Seita Vesa
2. The bumpy landing of the EU Nature Restoration Law and the rule of law: process and substance 25
An Cliquet, Federica Cittadino and Sonja Gantioler
3. Empowering the Green Deal: significant delegation and constitutional limits in CBAM and CRMA 47
Merijn Chamon and Thomas Verellen
4. The different forms and content of ‘Do No Significant Harm’ in EU law: in search of legal certainty 69
Maurizia De Bellis
5. Governing the EU’s environmental transition through spending? Loopholes and rule of law concerns in the recovery
funds 91
Paul Dermine and Norman Vander Putten
6. Recalibration of EU Internal Market law paradigms in light of the EU Green Deal 113
Sybe A. de Vries and Ulla Neergaard
7. Green monetary policy and the scope of the ECB’s mandate: maintaining the right (institutional) balance 135
Alessandro Cuomo
8. How green is the rule of law? Access to justice within the European Green Deal legislation 158
Stefano Porfido and Federica Montanaro
9. The EU Green Deal, EIA and global warming: balancing the rule of law with the quest for climate neutrality 185
Hendrik Schoukens
10. An individual right to breathe clean air, at last? The promises and perils of state liability for air pollution 207
Maxime Tecqmenne
11. The Green Deal and the criminal enforcement of European environmental law 227
Giulia Giardi, Kim Geurtjens and Michael Faure
12. Tempering or legitimising corporate power? The rule of law and the EU Corporate Sustainability Due Diligence Directive 249
Marta Paricio Montesinos
13. Protecting forests and ensuring policy coherence: (in)coherence in the EU’s approach to forest protection within
preferential trade agreements and the Deforestation Regulation 272
Giovanni Dall’Agnola
14. Greening the EU and the rule of law: reflections on opportunities and limits of the EU’s legal powers 296
Mariolina Eliantonio, Kati Kulovesi, Marjan Peeters, Suvi-Tuuli Puharinen and Annalisa Savaresi