Event report

Significant points emerged from the rapporteurs’ reports and from the discussion with the public. The transversal and fundamental scope of the environment in all EU policies. The environmental issue has become increasingly central at EU level over time, and the current Von der Leyen Commission is prioritising the ecological transition, with the adoption of the Green Deal in 2020. While it is true that the initial Community did not have a real environmental competence, it was able to assert its concern in this area through the internal market since the 1980s. Thus, the Court of Justice held in 1985 that environmental protection was an ‘essential aim of the Community’, thus joining positions within international organisations. Gradually, the States understand that environmental protection requires supranational action in order to have common foundations to ensure the success of this policy, and the Union is also aware that it must operate on the international stage. On the basis of this input, the Treaties were amended, and an environmental policy was established with the entry into force of the Single European Act. From now on, the transversal scope of environmental protection will be included in the Treaties, since all Community policies must take account of the requirements associated with it. International Conferences also play a decisive role as they participate in the definition of ‘guidelines’, which also have an impact at European level and enable very homogeneous action at global level. Today, around eighty % of legislation in this area originates in EU law. The problem of non-compliance by the Member States with environmental standards, which are frequently infringed, has been highlighted, sometimes giving rise to infringement procedures which do not always give rise to a financial penalty for the perpetrators. For this reason and because poor quality of the environment is likely to threaten the fundamental rights of the individual, it is essential that they play a role in the drafting and monitoring of regulations, inter alia through the body representing them: the European Parliament. It is therefore crucial that their right to information and access to information is protected and guaranteed, as recognised by the Aarhus Convention. The Green Deal is playing a crucial role, as it implies that part of the existing legislation needs to be reformed more comprehensively in order to ensure the success of the ecological transition. Thus, many sectors (including the food, industrial, agricultural and energy sectors) will have to undergo profound changes and align themselves with the concept of sustainable development, i.e. economic growth decoupled from the hectic use of resources. To this end, the Commission has already put forward a myriad of strategies to ensure that the ambitious objectives of the Green Deal are met, including the promise to achieve climate neutrality by 2050. Emphasis is placed on the importance of verifying the scope of the objectives contained within the policy instruments. In order to be binding, these policy objectives will have to be translated into legal instruments and formulated in precise terms to ensure the success of the ecological transition. One problem highlighted is the difficulty of drawing up these rules, as they are likely to cause devastating social repercussions. The European Union proposes to address these challenges through its financial assistance, with various funds and programmes increasingly geared towards protecting the environment and resolving the climate crisis. The Multiannual Financial Framework 2021-2027 provides for the allocation of some 350 million for the environment, which is the most important category after the category “cohesion, resilience and values”. The Next Generation EU also puts the ecological transition at the centre. The importance of the individual in the green transition process and the challenge of environmental migrants. We must recognise the fundamental contribution of the Union in the environmental field, despite the fact that the European Economic Community did not pursue the objective of protecting the environment, and the fact that Europe was decisive for the adoption of the climate framework agreement, but also for the adoption of subsequent protocols containing more specific and more effective targets in terms of implementation. It is stressed how complex it can be to maintain the competitiveness of economic operators while respecting environmental regulations: production costs increase, while the quantity produced is reduced. For this reason, the invitation is aimed at the collective rethinking of production dynamics. For example, the virtual market for CO2 emissions is a mechanism to limit pollution, as it allows the internalisation of a production cost that would otherwise have been outsourced. One issue that deserves to be highlighted is that of the nature of the Union itself or its international nature. It remains a Union of states that maintain their sovereignty and tend to defend certain strategic sectors such as energy, for which the Treaties provide for a unanimous vote. This limit is capable of hindering a real energy transition, and can therefore threaten the ecological transition. The individual has a special role as it can be directly affected by environmental issues. The Charter of Fundamental Rights of the Union refers to the protection of the environment but deplores the limited consequences in the event of non-compliance with this principle. With regard to individuals, we must stress the new challenge of ‘climate migrants’, who come from countries most exposed to the consequences of climate change, and who are not yet the subject of special protection or an ad hoc protection regime. Individuals are also confronted with the inadequacy of environmental appeals. This problem can be attributed to a lack of will on the part of the Member States. Recognising a system in which a citizen could directly challenge EU and State environmental acts would constitute a strong threat to liability. However, the decisive role played by the national courts in the recognition of certain rights directly linked to the climate emergency is praised. The Green Deal requires a translation of ambitions into legal terms. Finally, the cost of the ecological transition cannot be denied, with particular regard to individuals. According to him, attention must be paid to the threat of the so-called “energy poverty”, and the weakest groups must be taken into account. Environmental transition, but first moral. Emphasis must be placed on the importance of continuing vocational training and argues that individuals should increasingly be trained in the field of environment and climate change, but also in the technological field, which is closely linked to the ecological transition. A moral transition is crucial: individuals must share the value of the healthy environment, which would allow us to accept the increased costs of the ecological transition. But for a full, conscious and just moral transition it is first of all necessary to recognise the technical component of matter. This is not only legislative but also judicial. Public comments How to reconcile the environment and technological development? Need to achieve the environmental objective of further enlargement of the EU? Doubts are expressed about the possibility of reconciling the environment and technological development, the latter being likely to cause negative impacts on the former. It also wonders whether an enlargement of the Union would be appropriate in order to involve a greater number of states in the fight against climate change and in the protection of the environment. In other words, does the effectiveness of managing environmental challenges depend on the number of Member States in the Union? The rapporteurs recognise the need for technological development in the ecological transition, and its ability to improve the quality of the environment, so as to ensure a “high level” of protection in accordance with the requirements of primary law. Balancing should be carried out in order to avoid any negative impacts in question. Efforts should be made to promote safer methods, products, technologies and services in this regard. Replicable character and sharing of technologies are the cornerstones of technological sustainability. As regards the participation of third States in European environmental protection policies, the rapporteurs recall the existence of several levers to enable third States to be involved. During the negotiations preceding the accession of a State, it is possible to see acts to monitor the state’s progress towards the acquis communautaire, and thus also towards environmental objectives. Thus it is an appropriate method to ensure that a state is able to comply with future environmental obligations. In addition, the Union has instruments in place to conduct relations with third countries and impose certain environmental standards: Association Agreements, Next Generation Trade Agreements... Enlargement, therefore, is not a necessity. How to cut CO2 emissions? Based on a quote from De Gaspari ("A politician looks at the elections. A statesman looks to the next generation"), the second participant reiterates the importance of looking at the next generations, and asks how to cut CO2 emissions, but also how to relate the digital transition and human resources. The rapporteurs argue that legal instruments are strongly guided by the concept of sustainable development, both at international and European level, and therefore on solidarity between the current and future generations, even if these instruments are not always binding. This approach is already the basis for different types of regulation. The need to train young people in a different way, with “ethically oriented” training, is reaffirmed and therefore to provide funds for this training. Individuals will have to be trained in the digital and justify skills in different disciplines and new jobs will be created to compensate for the jobs that have disappeared due to their incompatibility with the current challenges. Higher education, and thus universities, will play a major role in offering multidisciplinary training. The correct use of these funds will be primordial.