Commentary on Article 37 of the EU Charter of Fundamental Rights - Environmental Protection

Marin-Duran, Gracia; Morgera, Elisa

doi:10.2139/ssrn.2267402

Cited by 3 publications

(2 citation statements)

References 21 publications

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“…According to the report, environmental protection is the subject of Article 37 of the Charter of Fundamental Rights of the European Union. The contents of the Article are not revealed in the report but are as follows: “ A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development .” This basically lays down the duty of public authorities to protect the environment but it does not refer to any rights to the environment (Marin‐Duran & Morgera, 2013). The Article also mentions increased protection and improved quality of the environment as separate things.…”

Section: Rias In Eu Regulation: Two Case Examplesmentioning

confidence: 99%

The logic of regulatory impact assessment: From evidence to evidential reasoning

Rantala

Alasuutari

Kuorikoski

2023

Regulation & Governance

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Agencies involved in generating regulatory policies promote evidence‐based regulatory impact assessments (RIAs) to improve the predictability of regulation and develop informed policy. Here, we analyze the epistemic foundations of RIAs. We frame RIA as reasoning that connects various types of knowledge to inferences about the future. Drawing on Stephen Toulmin's model of argumentation, we situate deductive and inductive reasoning steps within a schema we call the impact argument. This approach helps us identify inherent uncertainties in RIAs, and their location in different types of reasoning. We illustrate the theoretical section with impact assessments of two recent legislative proposals produced by the European Commission. We argue that the concept of “evidence‐based regulatory impact assessment” is misleading and should be based on the notion of “regulatory impact assessment as evidential reasoning,” which better recognizes its processual and argumentative nature.

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Section: Rias In Eu Regulation: Two Case Examplesmentioning

confidence: 99%

The logic of regulatory impact assessment: From evidence to evidential reasoning

Rantala

Alasuutari

Kuorikoski

2023

Regulation & Governance

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“…57 Nevertheless, the potential of Article 37 for "greening" actions of EU actors via the Charter is considerable, 58 given the EU's environmental, and climate, ambitions; 59 the fact that there is virtually no area of environmental policy that is not dominated by EU law; 60 and that the scope of Article 37 arguably extends far beyond environmental legislation. 61 Also in terms of remedies, reliance on the Charter by plaintiffs provides distinctive benefits, such as the ability to request the disapplication of the conflicting national measure in case of a violation, which may not be available when relying on the ECHR or national constitutions. 62 Another important provision with respect to climate litigation is Article 47 of the Charter, which establishes the right to an effective remedy and to a fair trial.…”

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confidence: 99%

The Role of the EU Charter of Fundamental Rights in Climate Litigation

Zeben

2021

German Law Journal

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Climate litigation has become a permanent fixture in the climate law and policy landscape. Across jurisdictions, climate litigation takes different shapes, with actions based on administrative, civil, or criminal law. An increasing number of cases incorporate human rights, leading to courts inter alia imposing more onerous mitigation obligations on governments and private actors in light of human rights provisions. Several landmark cases in this domain have come from European jurisdictions and have been argued with reference to both the European Convention on Human Rights (ECHR) and the European Union’s Charter of Fundamental Rights. An analysis of case law from the European Member States shows that the emerging picture is one of the Charter playing a secondary role to the ECHR. Based on this jurisprudential analysis, this article reflects on the future role of the Charter in climate litigation, and by extension, in shaping environmental human rights.

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Public Participation in the Implementation in Italy of the Water-Related Directives

Fasoli

Bastiani²,

Puma³

2021

Global Issues in Water Policy

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Commentary on Article 37 of the EU Charter of Fundamental Rights - Environmental Protection

Cited by 3 publications

References 21 publications

The logic of regulatory impact assessment: From evidence to evidential reasoning

The logic of regulatory impact assessment: From evidence to evidential reasoning

The Role of the EU Charter of Fundamental Rights in Climate Litigation

Public Participation in the Implementation in Italy of the Water-Related Directives

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