{"id":11124,"date":"2025-02-27T12:08:15","date_gmt":"2025-02-27T10:08:15","guid":{"rendered":"https:\/\/sites.uef.fi\/cceel\/?p=11124"},"modified":"2025-02-27T12:08:16","modified_gmt":"2025-02-27T10:08:16","slug":"saving-the-green-deal-a-climate-justice-and-human-rights-imperative","status":"publish","type":"post","link":"https:\/\/sites.uef.fi\/cceel\/saving-the-green-deal-a-climate-justice-and-human-rights-imperative\/","title":{"rendered":"Saving the Green Deal: A Climate Justice and Human Rights Imperative"},"content":{"rendered":"\n

By<\/strong><\/em> Margaretha Wewerinke-Singh<\/strong><\/a>, Associate Professor at University of Amsterdam , Annalisa Savaresi<\/a>, Professor at University of Eastern Finland and Corina Heri<\/a>, Assistant Professor at Tilburg University<\/strong><\/p>\n\n\n\n

This blogpost was first published at GNHRE blog<\/a> (February 24, 2025)<\/p>\n\n\n\n

Introduction<\/strong><\/p>\n\n\n\n

The\u00a0European Green Deal<\/a>\u00a0\u2014 the EU\u2019s flagship strategy to reach climate neutrality by 2050 and halt environmental degradation\u2014launched a significant wave of EU environmental reforms under the von der Leyen I Commission. It set goals including climate neutrality and zero pollution, alongside more stringent enforcement to bolster environmental protection. By the end of the last EU Parliament, 91 legislative initiatives had been adopted. The Green Deal, however, is under mounting threat. In recent months, a coalition of political and economic forces have mobilized to weaken or roll back key Green Deal measures. Conservative and far-right voices are denouncing climate and biodiversity laws as \u201coverreach\u201d or \u201cred tape,\u201d while corporate lobbyists push to dilute regulations under the banner of cutting bureaucracy and boosting competitiveness. This backlash not only jeopardizes Europe\u2019s ability to meet its climate and environmental objectives but also threatens human rights, environmental justice, and the rule of law. In this blog post, we examine the stakes of dismantling the Green Deal, some of the legal obligations that require Europe to stay the course, and the rule-of-law issues at stake.<\/p>\n\n\n\n

The Political and Corporate Backlash Against the Green Deal<\/strong><\/p>\n\n\n\n

Across Europe, right-wing and conservative politicians are leading a backlash against the Green Deal. In the European Parliament, the center-right European People\u2019s Party (EPP)\u2013the EU\u2019s largest political group\u2013has shifted from supporting Green Deal legislation to\u00a0actively<\/a> sabotaging it<\/a>. As the 2024 EU elections approached, the EPP was \u201con the <\/a>hunt<\/a> to kill all meaningful greening legislation of the Green Deal<\/a>\u201d in a bid to court agribusiness and other industries. Elected EPP politicians, allied with far-right and populist MEPs, have since launched concerted attacks on laws protecting biodiversity and sustainable food production.<\/p>\n\n\n\n

This political pressure is not limited to Brussels. In several member States, conservative governments are echoing the call to slow down green policies. The French government, for instance, has called for delaying the \u2018burden\u2019 of new environmental, human rights rules for businesses. In the Netherlands, a\u00a0new right-wing agrarian party<\/a>\u00a0surged by opposing cuts on farm emissions, emboldening mainstream conservatives to demand a re\u2011assessment of Green Deal measures. BusinessEurope and other corporate groups\u00a0have argued that<\/a> Green Deal regulations burden businesses<\/a>, urging the EU to scale back climate and biodiversity policies. This\u00a0has already led to attempts to weaken<\/a>\u00a0the EU\u2019s\u00a0Deforestation Regulation<\/a>, pesticide reduction targets, and\u00a0corporate due <\/a>diligence legislation<\/a>.<\/p>\n\n\n\n

Even European Commission President Ursula von der Leyen\u2013 for whom the Green Deal is a hallmark of her first term\u2013has felt compelled\u00a0to announce measures to substantially reform the Green Deal<\/a>. Far-right factions have capitalized on this rhetoric: they\u00a0openly invited the EPP to join forces<\/a>\u00a0in suspending the Green Deal altogether. Under pressure, the EU Commission, has introduced deregulation proposals\u2014referred to as\u00a0\u201comnibus\u201d packages<\/a>\u2014rolling back hard-won environmental measures adopted by the last EU legislature. This retreat risks undermining not only environmental protection but also the rule of law, as laws enacted through democratic processes are being eroded through opaque and ad-hoc negotiations.<\/p>\n\n\n\n

The Risks of Rolling Back <\/strong>EU<\/strong>Laws and <\/strong>Policies<\/strong><\/p>\n\n\n\n

Weakening the Green Deal could significantly compromise the achievement of Europe\u2019s climate and biodiversity goals, as well as environmental justice. The EU\u2019s legally binding commitment to reach net-zero emissions by 2050, enshrined in the\u00a0European Climate Law<\/a>, will be derailed if climate policies are loosened. Scientists warn that any delay in emissions reductions will make it impossible to meet the Paris Agreement\u2019s long-term temperature goal, setting the world on track for even more catastrophic climate change, from devastating wildfires to deadly heatwaves. The\u00a0Copernicus Climate Change Service<\/a>\u00a0recently confirmed that 2024 was the warmest year on record globally, and the first calendar year that the average global temperature exceeded 1.5\u00b0C above pre-industrial levels.<\/p>\n\n\n\n

Biodiversity protection is also in jeopardy.\u00a0The EU\u2019s Nature Restoration Law<\/a>, which faced significant opposition during its negotiation, aims to reverse the collapse of EU ecosystems and enhance resilience. Rolling back these measures could result in catastrophic outcomes the legislation was intended to prevent, disproportionately affecting marginalized communities who are more vulnerable to environmental degradation and extreme weather events.<\/p>\n\n\n\n

Internationally, a retreat from the Green Deal would weaken Europe\u2019s diplomatic credibility. As\u00a0the United States withdraws from the Paris Agreement<\/a>, the EU\u2019s commitment to climate action and climate finance for developing countries has become more crucial than ever. If the EU also backtracks, it sends an extremely dangerous signal: that wealthy nations will flinch on climate commitments when faced with adverse political winds. This could dampen ambition in other major emitters and weaken global cooperation, mostly to the detriment of vulnerable nations in the Global South. Overall, it risks compromising the integrity of the entire climate regime at a time when it most needs protection.<\/p>\n\n\n\n

A weakened Green Deal may also lead to more environmental harm being exported abroad. For example, if the EU waters down recently introduced rules on agricultural imports, it could spur more\u00a0deforestation and human rights abuses<\/a>\u00a0in producer countries. Indigenous peoples and local communities in Latin America, Africa, and Asia could face intensified land grabs and forest loss as a result of the EU\u2019s lowered standards.<\/p>\n\n\n\n

The Legal and Human Rights Framework Protecting the Green Deal<\/strong><\/p>\n\n\n\n

The EU\u2019s legal framework mandates significant climate and environmental action. Article 191 of the Treaty on the Functioning of the EU (TFEU)\u00a0commits the Union<\/a>\u00a0to high environmental protection standards, integrating sustainability into all policy areas. The\u00a0European Climate Law<\/a>\u00a0further binds the EU<\/a>\u00a0to achieve at least a 55% emissions reduction by 2030. It requires that the transition to climate neutrality is irreversible (art. 1), and that policies across the Union are coherent with the climate objectives (art. 5). Any backtracking on Green Deal measures risks breaching these legally binding commitments.<\/p>\n\n\n\n

The European Court of Human Rights (ECtHR) has spelled out States\u2019 obligations to address climate change under human rights law. In\u00a0Verein KlimaSeniorinnen et al. v. Switzerland<\/em><\/a>, the Court ruled that insufficient climate action can violate human rights, and that States have positive obligations to protect vulnerable populations. Specifically, the Court found that Switzerland\u2019s climate policy was insufficient to protect the rights of elderly women facing heatwave risks, violating their right to private or family life (and also denying an effective hearing, violating the right to access justice). Building on this case, which concerns Switzerland and therefore an EU non-Member State, that same Court is currently examining whether EU Member States have met their human rights obligations by adhering to EU climate policies (M\u00fcllner v. Austria<\/a><\/em>). Walking these policies back and failing to uphold Green Deal commitments could trigger the international responsibility of EU member states and institutions for violating various obligations. These include setting a specific timeline and quantification for achieving carbon neutrality, establishing and updating intermediate GHG emissions reduction targets, providing compliance evidence, and acting timely and appropriately in devising and implementing relevant legislation (KlimaSeniorinnen<\/em>, para. 550).<\/p>\n\n\n\n

Beyond climate mitigation, the EU has\u00a0a vast body of environmental law<\/a>\u00a0that remains in force and cannot simply be ignored without legal consequence. Member States have binding national targets for renewable energy and energy efficiency, emissions ceilings for air pollutants, and obligations under the Habitats and Birds Directives to prevent the deterioration of protected natural sites. Should governments or EU institutions actively undermine these laws or fail to implement them, they face legal accountability through infringement proceedings before the\u00a0Court of Justice of the European Union<\/a>\u00a0(CJEU). They may also find themselves being held responsible for human rights violations given that the ECtHR recently issued a decisive new\u00a0judgment<\/a>\u00a0clarifying States\u2019 obligations to deal with pollution. Overall, walking back the Green Deal is likely to push environmental issues towards resolution in the courts, risking piecemeal and non-participatory solutions.<\/p>\n\n\n\n

The EU and its member States are also bound by international agreements and human rights norms that require them to maintain robust climate and environmental protections. These include the\u00a0UN Framework Convention on Climate Change<\/a>\u00a0(UNFCCC) and the\u00a0Paris Agreement<\/a>, both ratified by the EU and its Member States. Crucially, the Paris Agreement embodies the principle of progression: each country\u2019s successive Nationally Determined Contribution (NDC) must represent a \u201cprogression\u201d beyond the current one and reflect the highest possible ambition (Article 4.3). There is thus an obligation of no backsliding\u2014once a climate goal is set, future efforts should escalate, not diminish. The EU\u2019s\u00a0NDC<\/a>, revised in 2023, mirrors the climate objectives enshrined in the European Climate Law and the Green Deal: at least -55% emissions by 2030 and climate neutrality by 2050. Weakening the Green Deal endangers the EU\u2019s ability to fulfill the pledges made in its NDC. If the EU were to lower its ambition or fall short of its NDC, it would violate its obligations under the Paris Agreement and undermine the trust among nations that each will honour its commitments.<\/p>\n\n\n\n

Another international agreement,\u00a0the Aarhus Convention<\/a>, requires governments to inform and involve the public in environmental decision-making and to maintain access to legal remedy for environmental harm. When a public authority reconsiders or updates environmental laws, it should provide an opportunity for public participation (Article 6(10)). A rushed omnibus deregulation that revises multiple environmental laws without proper public consultation conflicts with required standards. Additionally, dismantling Green Deal policies without adequate consultation or limiting citizens\u2019 ability to challenge decisions breaches the EU\u2019s obligations under the Aarhus Convention. Some right-wing MEPs have furthermore\u00a0proposed to freeze funding<\/a>\u00a0for environmental organizations, which hampers public participation and access to justice, contrary to the Convention\u2019s objectives.<\/p>\n\n\n\n

Rule of Law and Governance Implications<\/strong><\/p>\n\n\n\n

Attempts to roll back the Green Deal raise serious rule of law concerns. The rule of law encompasses principles of good governance, legal certainty, democratic accountability, and fidelity to commitments. Undermining climate and environmental policies that have been duly enacted through democratic processes would violate these principles in significant ways.<\/p>\n\n\n\n

A core tenet of the rule of law is that laws, once adopted, provide a stable and predictable framework that citizens, businesses, and other stakeholders can rely on. The legal instruments adopted under the Green Deal were negotiated and passed through the European Parliament and Council, creating legitimate expectations that these new rules would guide investment and behavior for years to come. If these laws are suddenly weakened or their implementation delayed for political reasons, this would erode legal certainty. For example, companies that spent resources to comply with new sustainability reporting rules or deforestation-free supply chain requirements now see those rules possibly watered down or postponed.<\/p>\n\n\n\n

A Green Deal rollback would undermine public trust more broadly. Europeans have increasingly demanded bold climate action \u2013 from the record number of citizens who backed initiatives like the\u00a0Ban Glyphosate ECI<\/a>\u00a0and the\u00a0Save Bees and Farmers campaign<\/a>, to the youth climate strikes filling city streets. They expect the EU to deliver on its rhetoric and commitments of a green transition. To retreat now would represent a grave breach of faith, undermining trust in governance. The deregulatory push also raises transparency concerns. The European Commission\u2019s fast-tracked \u201csimplification\u201d packages have been prepared with unusual secrecy, with even Members of the European Parliament kept \u201cout of the loop<\/a>\u201d until the last minute. This undermines democratic accountability, violating principles of good governance and participatory decision-making.<\/p>\n\n\n\n

At the global level, failing to uphold international climate commitments would damage Europe\u2019s global reputation and trade relationships. If the EU were to default on climate and environmental commitments (for instance, missing its climate targets or watering down laws that implement those targets), it would constitute a breach of its international obligations. This has diplomatic and legal ramifications: other parties could accuse the EU of bad faith or even trigger international disputes. Internally, Article 216 of the TFEU makes international agreements binding on the EU institutions and Member States \u2013 so not honouring the EU\u2019s commitments under the Paris Agreement could be seen as violating EU law too. From a rule-of-law standpoint, consistency between what the EU says on the world stage and what it does at home is essential. Rolling back the Green Deal would break that consistency, raising concerns about EU credibility and integrity.<\/p>\n\n\n\n

Protecting and Advancing the<\/strong> European<\/strong> Green Deal<\/strong><\/p>\n\n\n\n

In these challenging times for EU democratic governance and the rule of law, decisive action is essential to protect the progress achieved with the European Green Deal.The European Commission must ensure full implementation of legislative instruments adopted under the Green Deal and take legal action against member States failing to comply with their climate and environmental obligations. The European Parliament and Council should decisively reject omnibus deregulation packages that weaken environmental protections. Some Members of the European Parliament have initiated the\u00a0Save the Green Deal!<\/a>\u00a0campaign, which garnered thousands of signatures within the first few hours of its launch. Supporting this campaign is crucial to highlight public opposition to the rollback of the EU\u2019s climate and environmental ambitions.<\/p>\n\n\n\n

Civil society, academics, and progressive businesses must debunk false claims and mobilize support for ongoing climate and environmental initiatives. It is also crucial to clearly communicate the benefits of the Green Deal, such as clean air, job creation, and energy security, and the long-term costs of undermining it. At the same time, addressing socio-economic issues is essential to sustain public support for the Green Deal. Enhancing the Social Climate Fund and ensuring fair support for workers and vulnerable communities can counteract narratives that portray climate action as a burden.<\/p>\n\n\n\n

The challenges facing the European Green Deal are not just political; they fundamentally concern the type of society Europe envisions for its future. The debate on the future of the Green Deal is a test of Europe\u2019s commitment to sustainability, human rights, social equity and the rule of law. If abandoned or weakened, it would make a mockery of the EU\u2019s professed global leadership in addressing the climate crisis and erode the foundations of environmental justice. Rather than succumbing to short-term economic pressures and political opportunism, the EU must reaffirm its dedication to a just transition that leaves no one behind. Ensuring the Green Deal\u2019s success is a collective responsibility that demands unwavering political will, legal enforcement, and an engaged citizenry that holds leaders accountable. The path forward requires bold action, not hesitation, in the face of one of the greatest challenges of our time.<\/p>\n","protected":false},"excerpt":{"rendered":"

By Margaretha Wewerinke-Singh, Associate Professor at University of Amsterdam , Annalisa Savaresi, Professor at University of Eastern Finland and Corina Heri, Assistant Professor at Tilburg University This blogpost was first published at GNHRE blog (February 24, 2025) Introduction The\u00a0European Green Deal\u00a0\u2014 the EU\u2019s flagship strategy to reach climate neutrality by 2050 and halt environmental degradation\u2014launched […]<\/p>\n","protected":false},"author":1288,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-11124","post","type-post","status-publish","format-standard","hentry","category-yleinen"],"acf":[],"yoast_head":"\nSaving the Green Deal: A Climate Justice and Human Rights Imperative - 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