Greening the EU and the rule of law: reflections on opportunities and limits of the EU’s legal powers

Abstract

This concluding chapter reflects on the key insights drawn from Greening Europe and the Rule of Law — Opportunities and Limits of the EU’s Legal Powers, an edited volume that examines the European Green Deal through the lens of the rule of law. The chapter reflects on how the Green Deal has both tested and reaffirmed the central role of the rule of law for the much needed green transformation. The chapter highlights the complex legal dynamics at play — from constitutional constraints and the delegation of powers to market-based steering and enforcement challenges. It also emphasises the importance of internal and external coherence, particularly in the EU’s efforts to shape environmental standards beyond its borders. A recurring theme emerges throughout the volume: while the Green Deal has expanded the EU acquis with new tools to pursue environmental objectives, its effectiveness and legitimacy depend on ensuring respect for the EU’s rule of law values. However, the exact ways in which these values provide opportunities or limit the EU’s powers should be understood through a process of learning by doing. Not only courts but, given the restrictions to access to justice, also scholarship will be important to gain understanding on how these values exactly play out. In light of this, this chapter identifies areas for further research, underscoring how this volume represents only the starting point for the legal and scholarly conversation about the Green Deal’s implementation.