The academic staff of the former Jean Monnet Module in European Union Law and Sustainable Development (EULawSD) are pleased to announce the inaugural webinar of EULawSD’s follow-up project, theJean Monnet Module in European and International Environmental Law (EIEL).
For this inaugural webinar, which will take place on October 30 at 2pm Central European Time (14.00), the EIEL module will welcome Prof Marjan Peeters, Professor of Environmental Policy and Law at Maastricht University and its Maastricht Centre for European Law (MCEL). Her online presentation will try to unpack the achievements and challenges facing the EU environmental legal order as the Union’s institutions seek to operationalise the European Green Deal. Prof Peeters will particularly delve into the concerns related to the compliance with, and enforcement of, EU environmental law, highlighting the important role of civil society and of the Court of Justice of the European Union. In addition, Prof Peeters will discuss the question of how to teach this complex and dynamic field at a time of critical policy developments, and points at the great possibility of using webinars for teaching purposes.
Prof Peeters holds her position at Maastricht University since April 2008. She started in 1987 with studying environmental law. Since then, she has been focusing on understanding how a high level of environmental protection can be effectively and efficiently reached based on the rule of law and in the context of sustainable development. Core research attention goes to legal aspects of climate change, regulatory instruments for emission reduction, and the way how law deals with uncertain risks. Prof Peeters has co-edited more than 6 books in the field of EU environmental and climate law, and she has supervised – and is still supervising – several PhD projects.
Her latest books are Climate Change Law (2016), co-edited with Daniel A Farber, and the Research Handbook on EU environmental law (2020), co-edited with Mariolina Eliantonio.
We are pleased to announce a third session of the 2020 EULawSD webinar series, which will take place on 13 July 2020 at 2pm CEST. Alessandra Donati, Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law, will join us for a dialogue on ‘The Precautionary Principle Under EU Law: a Brake or a Lever to Sustainable Development?’. The webinar will be visible on EULawSD’s YouTube channel and at this link.
About the webinar
Set forth by Article 191 § 2 TFUE and embedded in several EU directives and regulations, the precautionary principle is a principle of anticipated action that requires the competent authorities to anticipate the traditional time for the adoption of a measure to protect the environment and public health. This means that decision-makers shall not wait until the risk is certain, from a scientific point of view, but shall act before when the risk is only uncertain.
From this perspective – by preventing the occurrence of majors risks for the environment and public health – the precautionary principle can be considered as a corollary for the achievement of the objective of sustainable development under Article 3 § 3 TUE. Despite its importance for the attainment of sustainable development, the precautionary principle has not been mentioned by the EU Commission in the 2016 communications identifying the framework for the implementation under EU law of the SDGs, and for the time being, is not included in the EU Green Deal. Likewise, the EU institutions have neglected the precautionary principle when dealing with some of the major risks – like pesticides and endocrine disruptors – which could have an impact on the attainment of sustainable development.
Against this backdrop, can we consider that the precautionary principle is a brake or a lever to sustainable development under EU law? To answer this question, and based on the most recent legal texts and case law, the webinar will identify the main advantages and disadvantages of the application of the precautionary principle to the benefit of the present and future generations..
About the Speaker
Alessandra Donati is a Senior Research Fellow at the Max Planck Institute for Procedural law in Luxembourg. She obtained her PHD at the University Paris 1 Panthéon Sorbonne with a thesis on the precautionary principle under EU law. Alessandra holds a degree in law from the Università Commerciale Luigi Bocconi (Milan) and in economics from the Università Politecnica delle Marche (Ancona). She also holds an LL.M. in French and European Law from the University Paris 1- Panthéon Sorbonne. Alessandra is a member of both the Italian (Milan) and French (Paris) Bar Association.
Before joining the Max Planck Institute as a research fellow, Alessandra practiced law for several years as an attorney in Milan at Chiomenti Studio Legale and in Paris at Castaldi Partners law office. Alessandra is currently teaching at SciencesPo (campus of Nancy) and at the University of Luxembourg. She specializes in European Union law, and namely in EU environmental and food law.