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The visibility of environmental rights in the EU legal order: Eurolegalism in action?

Chris Hilson (University of Reading)

The legal doctrines of direct effect and supremacy of supranational law offer EU citizens an avenue to challenge member states’ breaches of EU policy in national courts, fostering European integration through law. Against this backdrop, some observers have argued that the EU deliberately frames its policies in the language of rights, a phenomenon known as ‘Eurolegalism’. In his article “The visibility of environmental rights in the EU legal order: Eurolegalism in action?” published in the Journal of European Public Policy, Chris Hilson explores whether and to what extent rights-framed litigation has featured in the domain of EU environmental policy in recent decades. Chris shows that except for substantive legislative rights, the visibility of all types of EU environmental rights has increased in EU litigation cases since 1990, particularly following an EU legislative package aimed at fully implementing international law contained in the 2001 Aarhus Convention and the Lisbon Treaty’s incorporation of environmental rights contained in the EU Charter on Fundamental Rights. Chris’s analysis shows that “a Eurolegalism relying on rights frames has been a relative latecomer to the environment as a policy area”, with the recent upshot in EU environmental rights partly due to new legal opportunities following the adoption of the Lisbon Treaty and the positive signals this sent to litigants and judges.