3. The European Sustainability Model: From the Global Governance Scenario to the European Picture ‘Integrating’ Intergenerational Justice and Accessible Governance Mechanisms

See further, Capra and Mattei (2015).

The Nile perch is among the largest of freshwater fish, capable of achieving a length of more than 6 feet and a weight of more than 400 pounds.

Capra and Mattei (2015) in their text make reference to the excellent documentary by Hubert Sauper, Darwin’s Nightmare. Sauper made this story known to a wide public in 2004. Another wonderful documentary by same author would come out some years later to denounce the enthralling topic of land grabbing in African countries.

“Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs” (Brundtland, 1987).

On this topic, see further Chap. 4, Sect. 4.​3.​1.

See further, Kotzé (2019).

Philosophical discourses about the world being a pluralist place have been discussed by different legal scholars, such as Neil Walker (2015) and Krisch (2010), with different conclusions and increasingly leaving behind strong epistemological discussions based on the search of global unity through constitutional ideals. See further the most recent theoretical discussions on this topic in, Klabbers and Palombella (2019).

The contemporary debate about nature and the human influence in relation to nature has been marked by the rise of a geological hypothesis that has rapidly gained steam outside the natural sciences realm, namely, that of the Anthropocene. According to the “Anthropocene” the Earth’s physical change (this is, biodiversity, climate, and so on) is mainly driven by human activity. We are, of course, the main drivers of our global-scale environmental disorder. For further analyses on this topic, see, Arias Maldonado (2015).

Bosselmann (2004), pp. 62–75

Gillroy (2006), p. 2.

Although demonstrations and evidence of collapsing civilisations are given by Dimond (2005).

Caradonna (2014).

On this, See Bosselmann (2008).

As Bosselmann explains quoting the Works of German and British naturalists, “[b]y 1650 widespread shortages of wood began to cripple the economies in European countries. At the same time, the new discipline of forest science and management emerged. Its focus was on studying the conditions for sustained forestry and sustainable yield”, Bosselmann (2008), pp. 22–23; with further reference to the works of Radkau (2000), p. 245; Evelyn (1664), p. 279.

Carlowitz learned about the dependence of mining on its natural resource base and a year before his death he published his work summarising this professional and lifetime experiences. See further, Carlowitz, (1713, ed. 2000).

Caradonna (2014), p. 21.

Other forest academies that followed the same German view of sustainability were Austria-Hungary, Switzerland, France, Russia, Scandinavia, the United Kingdom and with its colonies and the United States of America. Confr. Bosselmann (2008), p. 21, referring to the works of Ulrich Groeber, in his analysis of the terminological history of sustainability, Grober (2007).

Caradonna (2014).

Darwin’s epoch-making theory of evolution.

Caradonna (2014) refers to him through the reference to Worsters, Nature’s Economy, mentioning that Haeckel’s book was called, (1866) Generelle Morphologie der Organismen, Berlin: Reimer.

International Union for the Conservation of Nature. World Conservation Strategy: Living Resource Conservation for Sustainable Development. Ibid, introduction.

(1987) World Commission on Environment and Development, Our Common Future: Report of the World Commission on Environment and Development (Oxford University Press).

See the chapter entitled “Sustaining Future” contained in the so-called “Millennium Summit Report” by the Secretary General of the United Nations, We the people of the United Nations in the 21st Century, United Nations Department of Public Information, New York, 2000, p. 54 et seq.

Morgera (2012), Yang and Percival (2009), Percival, Lin, J; Piermattei (2014).

Morgera (2012).

See Rodrigo (2015) El desafío del desarrollo sostenible. Los principios de Derecho internacional relativos al desarrollo sostenible, op. cit., p. 34.

UN A/RES/70/1.

Available at: http://​www.​un.​org/​sustainabledevel​opment/​ (last time visited on 19 December 2016).

Sachs (2015).

Prototype Global Sustainable Development Report (Online unedited ed.). New York: United Nations Department of Economic and Social Affairs, Division for Sustainable Development. https://​sustainabledevel​opment.​un.​org/​globalsdreport/​.

See, McAffe (1999).

See for instance, the definition of governance adopted by the UN Development Programme (UNDP), “the exercise of economic, political and administrative authority to manage a country’s affairs at all levels. It comprises the mechanisms, processes and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences” (UNDP, Governance for Sustainable Development, New York: UNDP, 1977). See also, the World Bank’s definition of governance as the method through which power is exercised in the management of a country’s political, economic and social resources for development (Governance, Washington, DC: World Bank, 1993).

Hewson and Sinclair (1999), and Ba and Hoffmann (2005).

Boyle and Freestone (1999).

Bosselmann (2008), p. 53. The author that postulates for sustainability as a legal principle asserts that sustainability, “[I]s reflective of a fundamental morality (respect for ecological integrity), requires action (‘protect and restore’) and is, therefore, capable of causing legal effect. The standards of a legal principle are all met”.

On this point see also, Lowe (1999).

For further examples see, Cordonier Segger and Khalfan (2004).

Dernbach and Cheever (2015).

For a thorough overview of the concept, see Birnie and Boyle (1992), pp. 122–124, and Lowe (1999), p. 25 et seq.

See Lowe (1999).

For a good explanation about the legal guidance the concept is capable to give Bosselmann (2008), p. 54 refers to the most relevant cases: This, Gabčikovo-Nagymaros Dam Case, Hungary/Slovakia, Judgment (1997) ICJ Reports 7, para. 140. The case arose out of a 1977 Treaty in which Hungary and Czechoslovakia (as it then was) agreed on a joint project to build hydroelectric facilities and improve navigation and flood control on the Danube. In 1989 Hungary, suspended, and later abandoned, work on the agreed project because, it said, of serious criticisms of the environmental impact of the project. The two states concluded in 1993 a Special Agreement for the reference of the dispute to the International Court. For a thorough analyses of the case. The important thing about this judgement is that Judge Weeramantry on his judgment distinguished his conception of sustainable development from that adopted by the majority in the Court: “… ..I consider it to be more than a mere concept, [it is]… .a principle with normative value. For a better understanding of the case, see further Lowe (1999). In this case, the ICJ used as an argument SD on the resolution of a case, but with such “caution and delicate ambiguity in the phrasing of the passage” that there is no a well-established shift towards the belief that “SD” could become always an element of hermeneutic interpretation for the court in similar conflicts, although later interpretation of the ICJ have followed that road, see the case, Iron Rhine Railway Arbitration (2005) PCA, paras. 58–59; Pulp Mills Case (Provisional Measures) (Argentina v Uruguay) (2006) ICJ Reports, para. 80; Pulp Mills Case (Merits) (2010) ICJ Reports, para. 177.

Gordon (2015).

(2019). These authors refer to some international law doctrinal narratives of interdisciplinary nature with renewed and more critical approaches. This is, Fischer-Kowalski and Haberl (1998), Hornborg, McNeill, and Martínez-Alier (2006), Hornborg (2010), Hornborg, Clark, and Hermele (2013).

On this see further, Cardesa-Salzmann and Cocciolo (2019) and Viñuales (2018).

(2018).

Viñuales (2018).

Cardesa-Salzmann and Cocciolo (2019).

I am referring to the global action fostered by sustainable development approaches in well-known Research Centres or Universities. See for instance, Columbia University and the Earth Institute work and network created on sustainable development, and the Earth Charter.

In the sociological use of the term that captures more than ideas, including a set of values, institutions, laws and symbols with which people imagine their social existence.

On this line of thinking see further, Göpel (2016).

On 15 July 2015, the European Commission adopted a Communication on Delivering a New Deal for energy consumers (‘New Deal’), as part of the Summer Energy Package. The New Deal is one of several consumer-related actions envisaged in the Energy Union strategy, and is designed to inform future actions in this field, including proposed legislation. See further, http://​www.​europarl.​europa.​eu/​RegData/​etudes/​BRIE/​2016/​573896/​EPRS_​BRI(2016)573896_​EN.​pdf.

The scope of the other discussion, referred to the international regime and the increasing network of international organisations endowed with international legal status and their own bureaucratic structures (secretariats), together with other transgovernmental relations Keohane and Nye (1974) Belongs to the highly analysed phenomena of global administrative law envisaging the passage from internationalisation to administrative globalisation. On this, see also Casini (2018). Closa and Casini (2016).

See for instance, Commission Communication, A Sustainable Europe for a Better World: A European Union Strategy for Sustainable Development, Communication from the Commission of the European Communities to the Gothenburg European Council of 15th May 2001, COM (264) final; and Commission Communication 24th July 2009, Mainstreaming sustainable development into EU policies: 2009 Review of the EU Union Strategy for SD, COM (2009) 400 final.

That from its origins has had transnational consequences. See the one of the first EU directives in the environmental field, on birds, 79/409/EEC in April 1979. It was amended in 2009, it became the Directive 2009/147/EC.

Sánchez Galera (2016).

Habermas (2006). On this essay, Habermas reflects on what happened on 15 February 2003 when “masses of demonstrators in London, Madrid, Rome, Barcelona, Paris and Berlin responded [to the ‘coup’ led by Spain’s Aznar and UK’s Blair, who vowed support of President Bush’s war in Iraq contrary to the wishes of their EU colleagues and their electorates.] The simultaneity of these overpowering demonstrations-the largest since the end of World War II-may go down in future history books as a signal of the birth of a European public”. Habermas (2006), p. 40.

Miller (2019).

In Habermas (2006), explains that European political unity will require overruled minorities to imagine themselves in solidarity with the majority, and he affirms “[h]owever, that presupposes a feeling of political belonging. The peoples must ‘build’, so to speak, a new European dimension onto their national identities. The already quite abstract civic solidarity which restricts itself to follow-nationals must in future be extended to include European citizens of other nations. This poses the question of ‘European identity’”.

Habermas (2006), p. 47. To broaden this vision, Miller (2019) has a beautiful essay portraying a different picture of how the protagonist of McEwan’s Novel Saturday feels the same day of the events that Habermas takes into account. Miller (2019) gives some bibliographical support to Habermas’ opinion about European identity for skeptics readers: Neil Fligstein (2008), Armin von Bogdandy (2005), and Herrmann, Risse, and Brewer (2004).

Habermas (2015). He argues that: “The role of Europe has changed in the postcolonial world not only when seen in the light of the dubious reputation of former imperial powers, not to mention the Holocaust. The statistical projections for the future also predict for Europe the fate of a continent with a shrinking population, decreasing economic weight and dwindling political importance”, p. 17.

Orlando (2014) cites the work of Rehbinder and Stewart (1985).

C-302/86 Commission v Denmark., ECLI: EU:1988: 421.

Jans (2011). Prof. Jans, dedicates this contribution to Lord Slynn of Hadley for his opinion to the famous ‘Danish bottle’ case. See further, Opinion of Advocate General Slynn, Commission v. Denmark, case 302/86, [1988] E.C.R.4619.

OJ1983 C 46/1.

One should bear in mind that none environmental concerns were part of the original and founding treaties, although as we know part of those treaties had at the heart of their concerns energy aspects.

Jans (2011), asserts that “on each occasion that the EEC Treaty was amended, the integration principle was strengthened. Each round of revisions enhanced the profile of its impact. One could probably say that the integration principle in tis Amsterdam version was at its peak”, p. 1539.

Jans (2011), discusses that the “[t]he text of the Charter differs in a couple of aspects from the Amsterdam version. First, it refers only to Union policies and not “policies and activities”. Second, it does not explicitly require integration as regards “the definition and implementation” of Union policies, thus rendering more uncertain its status vis-à-vis Member States”, p. 1539.

Note that although there was not an environmental competence conferred by the Treaties at EU level until the Single European Act was enacted, there came about the first EU environmental measures grounded principally on former Article 100 of the Treaty Establishing the European Economic Community (EEC Treaty), enabling the Council to unanimously issue directives for the approximation of Member States laws which directly affect the establishment or functioning of the common market. the ECJ had dealt with environmental protection before, see, e.g., Procureur de la Republique v. Association de Défense des Brûleurs d’huiles Usagées (ADBHU), Case 240/83, [1985] E.C.R. 531, as referred by Jans (2011).

See further, Orlando (2014). She provides a brilliant illustration of EU policy evolution in the environmental field by looking at how the EEC/EU treaties have over time redefined the allocation of legislative powers among the various institutional actors and between the European Union and its Member States, from p. 3 onwards.

De Búrca and Scott (2000), p. 2.

Article 191 of the TFEU defines objectives and principles of EU environmental policy, and it is the new legal basis for climate change. It reads as follows:

The previous subparagraph shall be without prejudice to Member States’ competence to negotiate in international bodies and to conclude international agreements.

See further, Orlando (2014), Krämer (2001).

COM (98) 716 and COM (99) 640 (transport); COM (98) 571 (energy); COM (99) 22 and COM (2000) 20 (agriculture); COM (99) 263 (internal market); COM (99) 36 and COM (2000) 264 (development); COM (2001) 143 (fisheries); COM (2000) 576 (economic questions); and SEC (2002) 271 (external affairs), and on agriculture, Decision 2179/98 OJ 1998 L275/1 setting out the Community’s objectives in integrating environmental requirements into the Common Agriculture Policy.

Commission, Integrating Environmental Considerations Into Other Policy Areas- a Stocktaking of the Cardiff Process COM (2004) 394 final, 1 June 2004, at. P. 31.

European Commission 2007, EU 2008a, 2008b.

The Commission has recently launched a public consultation concerning a lack of compliance with the rights of the public that it endorses. The Aarhus Convention Compliance Committee found that the EU does not comply with the access to justice provisions of the Convention because of insufficient mechanisms to ensure review of EU acts (ACCC/C/2008/32).

Note at the first place the so-called Cardiff process (regardless of its unsuccessful development), launched in 1998, which concerns the integration of the environment into sectorial policies for the sake of sustainable development. Despite several summits discussing the Cardiff Process with a view to developing a comprehensive and integrated strategy for sustainability, it still remained unclear how and to what extent the Cardiff process can be linked to the agenda of sustainability. Furthermore, the Treaty of Lisbon introduces a chapter about Energy. Energy Policy falls ‘brand new’ into the sovereign domain of the EU, suggesting in its wording “sustainability” with a conciliatory nature towards some ecological concerns, encapsulated in Article 194 and Article 195 of the TFEU.

The EU strategies on Sustainability started with the Lisbon Strategy for the period 2000–2010, and followed by the Europe 2020; a 10-year strategy proposed by the European Commission on 3 March 2010 for advancement of the economy of the European Union. It aims at “smart, sustainable, inclusive growth” with greater coordination of national and European policy. It is the writer opinion that one of the strategy major achievements are the ones concerned with the Energy Union in which the wider spectrum of stakeholders is involved.

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013.

COM/2016/0759 final - 2016/0375 (COD).

See further, the reasons and objectives of the proposal, https://​ec.​europa.​eu/​energy/​sites/​ener/​files/​documents/​1_​en_​act_​part1_​v9_​759.​pdf.

http://​Europa.​eu/​rapid/​press-release_​IP-15-6203_​en.​pdf.

See Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the Circular Economy Action Plan, Brussels, 4.3.2019, COM (2019) 190 final.

OJ, 14.62018, L 150, p 93, 100, 109, 141 Directive 2008/98/EC on waste, Directive 1999/31/EC on the landfill of waste, Directive 94/62/EC on packaging and packaging waste, Directive 2000/53/EC on end-of life vehicles, Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, Directive 2012/19/EU on waste electrical and electronic equipment (WEEE).

Greece, Croatia, Cyprus, Latvia, Lithuania, Hungary, Malta, Romania, Slovakia and Bulgaria.

See Sánchez Galera (2018).

Isiah Berlin quoted such fragment to describe his central thesis on his essay on Leon Tolstoy and the philosophy of history, the subject of the epilogue to War and Peace. The subject of the essay has received many philosophical and psychological interpretations and applications. Applied to Tolstoy, the ancient aphorism sheds light on a paradox that helps explains his philosophy of history. According to Berlin, Tolstoy was a fox, but believed in being a hedgehog. See, Berlin (1953) (2009 reprinted version). As referred to by Sánchez Galera (2018).

In his penultimate book Justice for Hedgehogs, Dworkin used the same metaphor made famous by Isaiah Berlin to explain his idea of justice arguing that in a coherent organisation of society, legal rules cannot be separable from moral judgments; as referred to by Sánchez Galera (2018).

Speech delivered in Brussels, 9 July 2001.

Under the Declaration No. 23 annexed to the Treaty of Nice, the Laeken European Council of 14 and 15 December 2001 decided to organise a Convention bringing together the main parties concerned for a debate on the future of the European Union. See, Presidency Conclusions, reference on line: http://​www.​consilium.​europa.​eu/​media/​20950/​68827.​pdf.

See Novitz (2015).

This European reinforcement of its Education policy within the policy framework of the ambitious Lisbon strategy is an answer to the international call for action in lifelong learning education launched by UNESCO, OECD to face the current demands of our ‘Learning society’.

Council conclusions 2009/C 119/02.

See further, the proposal for a regulation of the European Parliament and of the Council establishing the Digital Europe programme for the period 2021–2027 (COM (2018) 0434- C8-0256/2018-2018/0227 (COD)); also the Tallinn Digital Summit of September 2017 and the Conclusions of the European Council of 19 October 2017 indicating the need for Europe to invest in digitising our economies and addressing the skills gap to maintain and enhance European competitiveness, our quality of life and social fabric, accessible on: https://​www.​eu2017.​ee/​news/​insights/​conclusions-after-tallinn-digital-summit.

See Sjåfjell (2009), Novitz (2015).

See further on this, Novitz (2015). She illustrates the limited approach of the CJEU through the analysis of its legal reasoning precluding workers that had suffered after ‘austerity’ policies. The approach of the CJEU in, precludes workers affected by those policies from being consulted over the future development of key workplace matters which affects their livelihoods and their communities. The CJEU not only does not aid sustainability concerns, but it is actually overlooked.

Novitz (2015).

http://​ec.​europa.​eu/​regional_​policy/​archive/​themes/​urban/​leipzig_​charter.​pdf.

Communication COM(2007) 242 final of 10 May 2007 from the Commission on a European agenda for culture in a globalising world.

Coordination that has been envisaged by MS as policy ‘cooperation’ (Psychogiopoulou, 2015, p. 39).

COM (2014) 477 final (n60) para 4.

CEU ‘Conclusions on Cultural heritage as a strategic resource for a sustainable Europe Education, Youth, Culture and Sport Council meeting’ Brussels, 20 May 2014.

The author stresses that this call for a holistic approach going beyond cultural policy, finds support in the opportunities offered by Art. 167 para. 4, TFEU for synergies between culture and other policies.

See further for an overview of the EU education policy plan, European Agenda for European Cooperation in Schools, European Commission (2008).

Vos (2000).

See further, The open method of coordination at a Glance. European Parliament, 2014. http://​www.​europarl.​europa.​eu/​EPRS/​EPRS-AaG-542142-Open-Method-of-Coordination-FINAL.​pdf.

European Council Conclusions of 23-24 March 2000.

See last Pope Francis I declarations on the Global Compact on Education the 14th May 2020, http://​www.​unitedworldproje​ct.​org/​en/​workshop/​pope-francis-a-global-pact-for-education/​. In line with Francesco (2015).

In fact, Gornitzka (2018) argues that the Commission’s DG EAC was central in the process of setting up the OMC. Without DG EAC’s organisational capacity and attention attached to the OMC this organisational innovation would not have been included in the governance arrangements of EU Education policy.

Gornitzka (2018).

See further Garben (2011).

Gornitzka (2018). The author refers to the Communication COM (2003) 685 final of 11 November 2003 from the Commission, “Education and Training 2010”: The success of the Lisbon Strategy hinges on urgent reforms (Draft joint interim report on the implementation of the detailed work programme on the follow-up of the objectives of education and training systems in Europe).

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a European agenda for culture in a globalizing world, COM(2007) 242 final.

Gornitzka explains how the OMC process became a way of reclaiming European cooperation in the area of lifelong learning from the EES and fending off the invasion of the labour market/employment perspective of the educational policy turf.

Gornitzka (2018).

On this topic see further, Zeitlin (2005, 2009); and Psychogiopoulou (2017).

Communication COM (2010) 2020 final of 3 March 2010 from the Commission, Europe 2020: A Strategy for Smart, Sustainable and Inclusive Growth.

See further Halász (2013).

Agreed on 26, 27 June 2014. See further; https://​www.​consilium.​europa.​eu/​uedocs/​cms_​data/​docs/​pressdata/​en/​ec/​143477.​pdf.

See further, European action for sustainability, COM (2016) 739 final, Strasbourg, 22.11.2016.

CEU ‘Conclusions of the Council and the Representatives of the Governments of Member States, meeting within the Council, on the Work Plan for Culture 2011-14’ [2010] OJC325/1, Annex 1.

Article 2 of the TEU states that “the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’.

See further, https://​www.​coe.​int/​en/​web/​cultural-routes/​eu-joint-programme. Two important initiatives in the field of culture and education are: the joint programme with the CoE of the cultural routes; and DISCO. It is he Joint Programme “Democratic and Inclusive School Culture in Operation”. It was launched in May 2013 under the name “Human Rights and Democracy in Action” by the Council of Europe and the European Commission. It provides funding to enable at least three States party to the European Cultural Convention to cooperate on projects of common interest within the field of education for democratic citizenship and human rights education (EDC/HRE). At least one of the states should be a member of the European Union.

European Landscape Convention adopted by the Committee of Ministers of the Council of Europe on 19 July 2000 and opened for signature by its Member States in Florence on 20 October 2000. Followed by, Recommendation CM/Rec (2008)3 of the Committee of Ministers to Member States on the guidelines for the implementation of the European Landscape Convention, adopted on 6 February 2008; Resolution CM/Res(2008)3 on the rules governing the Landscape Award of the Council of Europe, adopted by the Committee of Ministers of the Council of Europe on 20 February 2008.

See further, Cultural Heritage in EU policies, http://​www.​europarl.​europa.​eu/​RegData/​etudes/​BRIE/​2018/​621876/​EPRS_​BRI(2018)621876_​EN.​pdf.

SWD (2018) 491 final, Brussels, 5.12.2018. Commission staff working document on European Framework for action on cultural heritage. The framework was prepared through regular exchanges with EU MS, EU Council Presidencies, the European Parliament, civil society organisations, cultural operators and international organisations such as the Council of Europe and UNESCO. It also builds on lessons learned from ten long-term projects entitled “European initiatives” carried out by the European Commission as part of the policy input to the European Year of Cultural Heritage.

To achieve this, there are four principles for action within the framework: (1) a holistic approach, looking cultural heritage as a resource for the future and putting people at its heart; (2) mainstreaming and integrated approach across different EU policies; (3) Evidence-based policy making, including through cultural statistics; (4) Multi-stakeholder cooperation; encouraging the dialogue and exchange among a wide range of actors when designing and implementing cultural heritage policies and programmes.

Valuable insights about the expression “highly competitive social market economy” is given by Ferri and Cortese (2019). Explaining that while Article 3 of the TEU leaves the expression formally undefined, is undoubtedly borrowed from the German ordoliberalism of the Freiburg School that advocated in favour of a form of market freedoms that can achieve social justice.

Article 6 of the Treaty of Amsterdam Amending the Treaty on the European Union, the Treaties Establishing the European Communities and Related Acts [1997] OJ C340, reads as follows: “Environmental protection requirements must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3, in particular with a view to promoting sustainable development”.

The original appearance of such conciliatory nature was offered by a court decision by the ECJ, First Corporate Shipping, a case on development taking place in protected bird habitats, is testament to a conciliatory approach. Case C-371/98, First Corporate Shippping, [2000] E.C.R. I-9235, par. 54 (opinion AG Léger).

It is possible to identify these aspects of the sustainability discourse in the EU through the initiatives of the EU’s Environmental Action Programmes (EAP), the first of which was adopted in 1972 (First Environmental Action Programme (1972–1977), followed by others 1977–1982, 1982–1987, 1987–1992, 1992–2002, and 2002–2012, 2013–2020. The approach of the first EAP was to advocate the development of command and control initiatives designed to resolve specific pollution control problems, such as acid rain. This reflected the discourse of the period and demonstrated an approach which was unlikely to lead to an effective and comprehensive sustainable development strategy. However, it was evident by the time the EU adopted the Fifth EAP (1992–2000) that the approach had become closer to the ‘strong sustainability’ position. The changing nature of the commitment to a strategy for sustainable development was shown in the use, for the first time, of a specific title for the Action Programme ‘Towards Sustainability’. The initiatives proposed in the Fifth EAP concentrated on measures targeting specific sectoral policies and priorities to achieve the sustainable development objectives. The discourse had shifted from its origins as action on pollution control to a model based on ecological modernisation as the dominant ideology. See Chapters 2 and 13 of Barnes and Hoerber (2013) on this point. The seventh EP “Living well within the limits of our planet”, shows an even further commitment to sustainability approaching all the aspects that constitute the challenges of our present time, fostering a holistic vision of sustainability that goes beyond an anthropocentric approach to build on a more eco-centric approach, that by enlarge brings about social justice and good governance.

Case C-201/15, AGET Iraklis, EU:C:2016:972.

See the interpretation given by AG Léger to sustainable development in its opinion in First Corporate Shipping, a case on development taking place in protected birds habitats, is testament to a conciliatory approach. Case C-371/98, First Corporate Shippping, [2000] E.C.R. I-9235, par. 54 (opinion AG Léger).

C-461/13, Bund v Germany, ECLI:EU:C:2014:2324 (opinion AG Jääskinen). See further, Palonitty (2016). Aloniitty (2016), pp. 151–158.

Sadeleer (2015), p. 19.

See further Sadeleer (2012).

White Paper on European Governance COM (2001) 428 final, at p. 8.

Kingston (2013), p. 6.

Kingston (2013), p. 7.

Article 11 of the TEU reads as follows:

The procedures and conditions required for such a citizens’ initiatives shall be determined in accordance with the first paragraph of Article 24 of the Treaty on the Functioning of the EU.

Mendes (2011).

www.​citizens-initiative.​eu/​?​page_​id=​2.

UN Economic Commission for Europe, Aarhus Convention on Access to information, Public Participation in Decision-making and Access to Justice in Environmental Matters (adopted on 25 June 1988, entered into force on 30 October 2001) 2161 UNTS 447.

The EU became a party through Decision 2005/370/EC on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters.

Voss, Bauknecht, and Kemp (2006).

Kingston (2013), p. 7.

In Italy the Italian Senate installed a commons commission led by Stefano Rodotà, a well-known lawyer to explore the legal definition of the commons and what it implies. The suggested reform of the Italian civil code never took place, but the work of the Commission has been followed by prolific success for water battles in Naples, and the Venice lagoon. The Italian initiative has been echoed through Europe, see further, https://​www.​epsu.​org/​article/​european-parliaments-intergroup-commons-kicks. Of drastic importance are the prolific work of labsus accessible at https://​www.​labsus.​org/​ and also the work of city labgob with international resonance and accessible at https://​labgov.​city/​about-people/​.

See Valguarnera (2013).

Valguarnera (2013).

http://​portal.​unesco.​org/​en/​ev.​php-URL_​ID=​13178&​URL_​DO=​DO_​TOPIC&​URL_​SECTION=​201.​html.

See review on Bauman’s Retrotopia by Polhuijs (2017) https://​www.​theoryculturesoc​iety.​org/​review-zygmunt-bauman-retrotopia/​.

Bauman (2017) contribution to Antonioli (2017) Francesco e noi. Milano: Piemme, 25–27.

Marella (2017).

For a clear and concise introduction to transdisciplinary methodology used by a political economist to build a theory of ‘transformation’ read, Göpel (2016).

Mattei (2011), Foster and Iaone (2016), Capra and Mattei (2015).

In June 2007 was appointed a Commission in Italy set up by the Prodi Government, best known as the Rodotà Commission after its president, for reforming Article II of the Book III of the Civil Code. The Commons received the first technical-legislative definition by the bill of the Rodotà Commission. To date the bill of the Rodotà Commission has not been discussed in Parliament, but the work of this Commission helped to reach a positive result for achieving a positive result in the Italian referendum on Water challenging the laws to privatise water. An English versión of the Rodotà Commission Bill is available online at: http://​iuccommonsprojec​t.​wikispaces.​com/​file/​view/​Rodotà+Commissio​n+Bill_​+EN.​pdf.

https://​www.​labsus.​org/​patti-di-collaborazione/​.