The Green Deal and the Case for a Soil Health Framework Directive

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(2), 527-532 | European Forum Highlight of 27 July 2022 | (Abstract) The Highlight discusses the EU policy on soil protection and preservation. It is argued that the EU has thus far failed to establish a comprehensive and effective legal framework on this issue. Rather, the EU acquis is extremely fragmented, with soils being addressed as ancillary elements to other environmental priorities. The Highlight points out that the current state of affairs is largely due to the Council's inability to conduct successful negotiations on the Commission's 2006 proposal for a Soil Framework Directive. This legislative initiative was abandoned in 2014 following claims of its violation of the subsidiarity principle. However, in the framework of its new Soil Strategy for 2030, the Commission has included an upcoming proposal for a comprehensive Soil Health Directive. The Highlight argues that, while the Commission is taking seriously the pre-proposal impact assessment, subsidiarity check and consultations, the current state of the environment requires the governments sitting in the Council to leave aside their formalistic criticisms and to adopt a proactive approach to the negotiations, with a view to bridging the existing gap in EU environmental law.

Keywords

• soil
• green deal
• climate change
• framework directive
• environmental law
• subsidiarity