Future proofing EU law – Does the European Union have a legal obligation to protect future generations?

Sulyok, Katalin (2025) Future proofing EU law – Does the European Union have a legal obligation to protect future generations? RECIEL: REVIEW OF EUROPEAN COMPARATIVE AND INTERNATIONAL ENVIRONMENTAL LAW, 34 (2). ISSN 2050-0386

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Abstract

This article analyses the normative landscape of future generations within the current body of European Union (EU) law, including the treaties, the EU Charter of Fundamental Rights, existing and potentially emerging general principles of EU law, as well as relevant international treaties and customary international law. The article argues that, even though there is currently no explicit legal obligation for EU institutions in the treaties founding the Union to respect and protect the long‐term needs of future generations, several legal hooks exist in the sources of EU law that invite an intergenerationally conscious reading and reinterpretation of EU obligations and competences. Such a reinterpretation could justify, or even prompt, stronger protection of future generations' interests across all EU policies. Future‐proofing EU law primarily depends on how EU institutions, including the Court of Justice of the European Union (CJEU), interpret intergenerational equity‐related concepts already embedded in primary EU legislation. Additionally, the contours of EU obligations towards future generations could be influenced by the dynamically evolving rules of international law.

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