European Environmental Law

Full course description

This course addresses the role of EU law in protecting human health and the natural environment against the damaging effects of pollution. The global problem of climate change and the regulatory approaches established by the EU legislator in order to reduce greenhouse gas emissions serve as the core case study. Core attention will be paid to the role of civil society, particularly Environmental nongovernmental organisations (ENGOs) to advance environmental protection. EU law has implemented important environmental procedural rights, including access to information and access to justice, which will be discussed in view of how they can be used effectively. Furthermore, environmental litigation is on the rise, and the course will discuss leading cases, particularly in the field of climate change.

The course covers:

• EU competences for environmental decision-making and the balancing exercise often taken place in EU environmental law-making;
• human rights (ECHR) and the environment & procedural rights for environmental organisations and potential victims;
• regulatory instruments for reducing the polluting behaviour of industries, with attention to the market-based instrument known as “emissions trading” but also to governance approaches employed by the EU;
• enforcement of environmental law, including EU legislation establishing liability of polluters causing environmental damage;
• recent trends of (unprecedented) climate litigation.

Teaching methods
A mix of tutorials (problem-based learning), knowledge clips and lectures / collective meetings with discussion time. Please note that further announcements about teaching sessions will be made through Canvas.

Assessment methods
1) counting for 60%: an essay exam (2 hours)
2) counting for 30%: a case note, to be delivered during the first 7 weeks
3) counting for 10% a short student presentation in class on an assigned topic (can be done in teams of 2)

Depending on the number of students, and by exception, the re-sit might take the form of an oral exam (to be decided by the course-coordinator).

Specific information about the exam will be posted on Canvas.