EU environmental regulation for a circular economy in the light of national sovereignty

Ofak, Lana (2024) EU environmental regulation for a circular economy in the light of national sovereignty. AGRÁR- ÉS KÖRNYEZETJOG / JOURNAL OF AGRICULTURAL AND ENVIRONMENTAL LAW, 19 (36). pp. 81-104. ISSN 3058-0447

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Abstract

This paper aims to explore the impact of the latest European Union (EU) circular economy initiatives on the national sovereignty of EU Member States, specifically examining whether new EU measures encouraging a circular economy limit the domain of Member States’ sovereignty. Accordingly, the paper begins with the assessment of the measures laid out in the second Circular Economy Action Plan (CEAP) adopted in 2020. It analyses the effectiveness and impact of these measures in promoting a circular economy in the EU (Chapter 2). Following this, it reviews the progress made on implementing the actions listed in the CEAP, with a special focus on legislative and non-legislative measures. It highlights the achievements in the implementation process and provides a brief overview of key legislative proposals (Chapter 3). The following section explores how different countries in the EU are developing their own strategies to promote a circular economy (Chapter 4). Lastly, the paper delves into the notion of sovereignty within the EU and the relationship between the EU and its Member States. It analyses how Member States balance their national sovereignty in relation to the EU and investigates the types of instruments and legal basis used for regulating a circular economy (Chapter 5). The final section concludes, noting the current minor impact of the EU’s environmental regulation for a circular economy on national sovereignty (Chapter 6).

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