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EUROPEAN
ECOLOGICAL
TRANSITION
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1. What is the concept of circular economy? Definition, and which legal regulations and
policies? Relevant EU documents?

The term circular economy can be defined as referring to “an economy which is
regenerative by its design. In a circular economy there are 2 types of material flow:
1. Biological ones: able to be reintegrated in the biosphere.
2. Technical ones: destined to be re-used without ever entering the biosphere

The circular economy is a system in which all activities, starting with extraction and
production, are organized in such a way that someone’s waste becomes the materials
for someone else creation.
The goal of the circular economy is to ‘close the loop’ of the product life cycle,
increasing the reuse and recycling of products and the recovery of material, for the
benefit of both the environment and the economy.

The EU transition to a circular economy will reduce the pressure on natural resources
and will create sustainable growth and jobs. It is also a prerequisite to achieve the
EU’s 2050 climate neutrality target and to halt biodiversity loss.

As a part of the European Green Deal: in March 2020 the commission adopted the
new circular economy action plan, aiming to reduce the EU’s consumption footprint
and double the EU’s circular material use rate in the coming decade while boosting
economic growth.

In 2019, Directive (EU) 2019/904 on the reduction of the impact of certain plastic
products on the environment was approved. The directive contains rules on single-use
plastic products and fishing gear and a ban on the marketing of plastic products.
To make products fit for a climate-neutral, resource-efficient, circular economy, the
commission will propose “a sustainable product policy legislative initiative”

As a part of the sustainability product legislation, the commission will consider

establishing sustainability principles and other appropriate ways to regulate the
following:
1. Improving the product durability, reusability, and upgradability, increasing
resource efficiency.
2. Increasing recycled content in products, while ensuring safety and performance.
3. Enabling remanufacturing and high-quality recycling.
4. Reducing carbon and environmental footprints. Etc……..
The European Commission concludes that “ The transition to the circular economy will be
systematic, deep, and transformative, in the EU and beyond. It will be disruptive at times, so
it must be fair. It will require an alignment and cooperation of all stakeholders at all levels.
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2. What are the main principles of EU Environmental law? Describe the main
content and indicate their legal basis.
EU Environmental law refers to the body of legal rules and regulations established by the
EU to address environmental issues and promote sustainable development within its
member states.
EU environmental policy is based on 2 general principles and 4 environmental principles:
General principles: 1. Principle of integration (art11 TFEU), 2. Principle of sustainable
development (art 11 TFEU).
Environmental protection requirements must be fully taken into account in the definition
and implementation of the EU policies. Environmental requirements refer to all policies,
laws, interests, and needs related to environmental protection. A strong link exists in art.
11 between the principle of “integration” and “sustainable development”. Principle of
Sustainable Development is a general and overarching objective of EU for environmental
policy and law. It is the basis for the Environmental Action Programmes and for the
strategy for sustainable Development.

Environmental principles: 1. Prevention principle (art 191 TFEU); 2. Precautionary

principle (art. 191 TFEU), 3. Rectification of damage at source (art 191 TFEU), 4.
Polluter-pays principle (191 TFEU).
Prevention principle (art. 191 TFEU): it calls for an anticipatory approach to
environmental issues with the presence of full scientific evidence. This principle
emphasises preventing environmental damage rather than rectifying it after it has
occurred. “ Better preventing rather than repairing the damage”. Example: EU
Directive 2008/98 on waste management.
Precautionary principle (art. 191 TFEU): It calls for an anticipatory approach to
environmental issues (even in the absence of full scientific evidence. This principle
emphasises taking preventive action in the face of uncertainty regarding potential
environmental harm. Example EU directive UE 2015/412

Rectification of damage at source (art. 191 TFEU): it calls for an anticipatory or early
response approach to environmental issues. This refers to the principle that EU
environmental law emphasises addressing environmental damage at its root cause rather
than simply mitigating its effects. This principle is closely related to the polluter pays
principle. “Better preventing or rectifying potential environmental damage at
source”.
Polluter-pays principle (art. 191): it is an economic, rather than a legal principle, that is
addressed to EU institutions and Member states. It promotes an “internalisation” of
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environmental costs. It does not refer to specific cases of pollution, but rather to the
preventive channelling of costs towards potential types of polluters; it does not address
the issue of liability due to accidents for specific cases of pollution. Example: taxes and
charges.

3. Define Climate Litigation, What are the human rights based on it? What are the
legal bases? Give an example through a case study.
The term climate litigation refers to the cases filed before various national courts in the
EU Member States and before the EU Court of Justice by citizens and associations to ask
national Governments and the European Commission to raise the level of "ambition" in
the fight against climate change, through the increase of their reduction commitments of
greenhouse gas emissions.
From a European perspective climate litigation can occur at the level of EU Member
States (in national jurisdiction) or the level of the EU (in EU jurisdiction):
1. National level (Climate litigation vs EU or non-EU Governments) ex: Netherlands,
Germany, UK, Ireland, Italy.
2. EU level (Climate litigation against the European Commission).
Climate litigation aims for climate justice to be achieved through the protection of human
rights. In the European context, the main sources of protection are The European
Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of
the European Union.
3 conditions must exist in human rights-based climate litigation.
1. The legal standing (locus standi) of plaintiffs (citizens or org) to take legal action
against Governments or the commission.
2. The causal link between the lack of enjoyment of some human rights and the negative
effects caused by the phenomenon of climate change.
3. The existence of a positive obligation of the states (or of the EU) to protect their
citizens.
It is difficult to have the recognition of legal standing at the EU level, due to the
application of the “Plaumann Formula” .
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The main legal bases for human rights-based climate litigation in the European context
are ECHR and Charter of Fundamental Rights of the EU. It should be noted that there
is currently no specific environmental legislation which is used as a legal basis for climate
litigation in Europe.
Focus on the European Convention on Human Rights, provisions more relevant for
climate litigation are Article 2: Right to life, Article 8: Right to private and family life.
Focus on the Charter of Fundamental Rights of the EU, provisions more relevant for
climate litigation are Article 2: Right to life, Article 3: Right to the integrity of the
person, Article 17: Right of property, and Article 21: Non-discrimination.

URGENDA CASE
• The Urgenda case was promoted by various citizens and coordinated by the Urgenda
association against the Dutch government.
• The complainants argued that the Dutch government, by setting its reduction target at
-20% by 2020, was in breach of the obligations of the Paris Agreement.
• The Dutch courts have recognised a minimum 2020 reduction target of 25% as
reasonable, interpreting the criterion of the State's margin of appreciation with
reference to "how" not "how much" to reduce emissions, in the science-law
relationship.
Pros: the duty of care of states and international organisations may be recognised in
court. The rights of citizens negatively affected by climate change may become
justifiable.
Cons: climate change cases only aim to protect fundamental human rights conventions
and charters. No recognition of the inherent rights of nature and ecosystems.

4. What is a discriminatory internal tax under the EU law? Where it regulated within the
TFEU? Which one of 4 freedom of movement is related to this? Relevant case?

Non-discrimination in internal tax means that member states can not discriminate
against goods, and services from other member states based on their origin or
destination within the EU. This principle is enshrined in art. 110 of the treaty on the
functioning of the EU (TFEU).

The prohibition of discriminatory internal taxation is one of the pillars of the

European internal market based on ( the free movement of goods). “No member state
shall impose, directly or indirectly, on the product of other member states any internal
taxation of any kind in excess of that imposed directly or indirectly on similar
domestic products”.
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Art 110 TFEU recognizes that member states can apply internal taxation on goods
coming from other member states, but such taxation should not discriminate against
foreign products or constitute a means to promote protectionism. (Italy can tax
Spanish oranges only if and to the extent that it applies the same tax to Italian
oranges)

Discrimination can affect goods either, direct or indirect. Direct discrimination

consists in measures of internal taxation that affect imported goods in a different and
more burdensome way with respect to domestic goods. Indirect discrimination
consists of a situation when domestic goods can benefit from certain fiscal treatment,
whereas imported goods are subject to a less favourable treatment.

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