This event, organised by the Environmental Law and Governance Working Group in cooperation with the EU Law Working Group and the Constitutional Law Working Group, features a presentation by Nathan de Arriba-Sellier (EUI Visiting Fellow) and Tuvana Aras (EUI Visiting Researcher).
Amidst an escalating environmental crisis, Article 11 TFEU mandates integration of environmental requirements into all EU policies, yet remains largely dormant in jurisprudence. Although it is often dismissed as unenforceable, this article argues that Article 11 provides for a general principle of EU law with significant untapped potential. We critically examine the Court's cautious approach, contrasting it with EU institutions' embrace of the integration principle through initiatives like the European Green Deal. Through textual, systemic, and teleological analysis, we establish Article 11's binding nature and constitutional significance. The article traces the evolution of relevant case law and demonstrates how it already performs all functions of a general principle of EU law. We propose an interpretation that both respects judicial precedent and realises this principle's true legal potential, offering a robust constitutional foundation for advancing environmental protection within the Union's legal framework at a time when such protections are increasingly vital.
Speakers:
Nathan de Arriba-Sellier, PhD (Leiden & Erasmus), is the Director of the Erasmus Platform for Sustainable Value Creation at Rotterdam School of Management, Erasmus University, where he leads research on sustainable finance policy and regulation. Prior to his current position, he was a postdoctoral associate and lecturer at the Yale Center for Environmental Law & Policy (Yale University). Nathan is currently a visiting fellow at EUI.
Tuvana Aras is a Meijers PhD Candidate at the International Institute of Air and Space Law and at the Europa Institute at Leiden University, and a visiting researcher at EUI. Tuvana has a background in French and EU Public Law and is specialised in Air and Space Law. Her research interest also covers EU environmental law and consumer law. Her doctoral research explores whether the integration of environmental considerations into the enforcement of EU competition law can contribute to the aviation industry’s decarbonisation.
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