The EU’s current legal framework might be regarded as insufficient to address the planetary crisis of the Anthropocene. This article evaluates whether the environmental integration principle (Article 11 TFEU) can serve as the primary tool for the ecological transformation envisioned by the European Green Deal, examining its application across key policy sectors. Finding significant limitations, the paper ultimately advocates for “greening the EU Treaties” itself through constitutional amendments, institutional reforms, and the establishment of new, enforceable environmental fundamental rights to secure an ecological minimum subsistence level for citizens.

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The European Green Deal and Its “Constitutional” Implications: Need for a “Greening of the Treaties”?

  • Christian Calliess

摘要

The EU’s current legal framework might be regarded as insufficient to address the planetary crisis of the Anthropocene. This article evaluates whether the environmental integration principle (Article 11 TFEU) can serve as the primary tool for the ecological transformation envisioned by the European Green Deal, examining its application across key policy sectors. Finding significant limitations, the paper ultimately advocates for “greening the EU Treaties” itself through constitutional amendments, institutional reforms, and the establishment of new, enforceable environmental fundamental rights to secure an ecological minimum subsistence level for citizens.