EU law and policy on climate change

Please note: Prof Chiara Armeni (convenor of the module) will be on sabbatical in 2026-27. This course will therefore be taught be a substitute teacher or cancelled for 2026-27 . Further information and confirmation of availability will be provided in during Term 1.

Introduction to the module:

Climate change presents unprecedented environmental, social and economic challenges. The role of law in addressing them is crucial and yet complex. Building upon its core body of laws and policies around decarbonisation, energy efficiency and renewable energy sources, today the European Union is committed to becoming climate-neutral by 2050. To reach this target, its climate action embraces a set of new and existing regulatory and policy measures under the European Green Deal. Yet the momentum of the European Green Deal now appears fragile, and the EU’s climate ambition is increasingly under internal and external pressure, rendering the role of substantive rules, procedures and institutions crucial. It is this background and the combination of legal complexity and policy ambition that makes studying EU climate law and policy both fascinating and challenging.

Outlook

This course will focus on the analysis of the EU policy and legal framework on climate change. The aim of the course is not to be exhaustive, but to combine in-depth discussion of issues with a critical understanding of the role of EU law in dealing with climate change.  The course will start by focusing on the key concepts actors and tools surrounding the multi-level governance of climate change in the EU. It will discuss the relationship between international, EU and national law, actors and institutions involved in climate change mitigation and adaptation in the EU. From this perspective the course will address key questions such as e.g. the constitutional and Treaty foundations of EU climate law, the Paris Agreement or the European Climate Law as a legal framework for climate neutrality.

The course will then analyse specific legal and policy actions addressing climate change within the EU. This part will focus on tools such as the European Union Emissions Trading System (ETS), the Carbon Border Adjustment Mechanism (CBAM), the EU Just Transition and climate litigation in the EU. It will cover areas such as renewable energy, public participation and access to justice, focusing on strategic climate litigation. We will look at the conceptual challenges and critique of these instruments and at the practical regulation.

In the final session we will discuss ways to rethink climate change law and policy in the EU.

The themes discussed in each block may vary from year to year, depending on the current developments in the EU law and policy on climate change.

The aim of this course is to enable students to:

- Become familiar with the constitutional foundations, legal rules and institutional processes that govern current legal and policy responses to climate change in the EU.

- Develop a critical understanding of the different legal, regulatory and policy instruments/approaches available to address climate change and their advantages and disadvantages.

- Appreciate the tensions, debates and issues surrounding climate change mitigation and the multi-layered nature of legal responses to climate change.

Required and Corequired knowledge and skills

No required knowledge and skills for this course.

This course is taught by seminar discussion. Students are expected to prepare for each class and to contribute to class discussion. The teaching could be supported by a series of lectures and seminars by guest speakers.

References, bibliography, and recommended reading

There is no single text for this module. You will find selected readings for each session. The essential readings are to be read before the session and will inform our discussion. If you want to go further on a topic, the further reading is there to support you and guide you. These are not mandatory and can be read at your own discretion.

Additional material if you need support:

Ont EU environnemental and climate law :

Woerdman, E., Roggenkamp, M., & Holwerda, M. (Eds.). Essential EU Climate Law. (Edward Elgar Publishing, 2021).

Elizabeth Fisher, Bettina Lange, and Eloise Scotford, Environmental Law Text, Cases & Materials,  Second Edition (OUP 2019)

Maria Lee, EU Environmental Law, Governance and Decision–Making (Hart Publishing, Second Edition, 2014) (a bit dated, but a very clear analysis of the evolution of EU environmental and climate law)

On EU law and governance :

Dawson, M., & de Witte, F. (2022). EU Law and Governance. Cambridge: Cambridge University Press.

On EU policy-making and politics :

Coman, R., Crespy, A. & Schmidt, V. (eds., 2020), Governance and Politics in the Post-Crisis European Union, Cambridge University Press.

 

Course notes

• Université virtuelle

Contacts

Convenor Chiara Armeni
chiara.armeni@ulb.be
(in sabbatical 2026-2027) 
 

Campus

Solbosch

Method(s) of evaluation

• written examination
• Other

written examination

• Out-of-session examination

• Open question with developed answer

Other

This course will be evaluated by participation in class (20%) and a written closed-books exam (80%) at the end of the course.

Mark calculation method (including weighting of intermediary marks)

Participation (20%)
Written closed-book exam (80%)

Language(s) of evaluation

• english