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SUSTAINABLE DEVELOPMENT AND THE EU LEGAL ORDER

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Presentation on theme: "SUSTAINABLE DEVELOPMENT AND THE EU LEGAL ORDER"— Presentation transcript:

1 SUSTAINABLE DEVELOPMENT AND THE EU LEGAL ORDER

2 SUSTAINABLE DEVELOPMENT AND THE TREATIES
Preamble: “Determined to promote economic and social progress for their peoples, taking into account the principle of sustainable development” Article 3 TEU, on the aims of the Union, para. 3: “sustainable development of Europe”; para- 5: “sustainable development of the Earth”

3 SUSTAINABLE DEVELOPMENT AND THE TREATIES
Article 11 TFEU: “Environmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development” Charter of fundamental rights, Preamble: The Union “seeks to promote balanced and sustainable development” Article 37: “A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development”

4 SUSTAINABLE DEVELOPMENT AND THE TREATIES
Article 21(2)(d) and (f) TEU: “The Union shall foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty”; “help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development”

5 NOTION OF SUSTAINABLE DEVELOPMENT
Lack of a definition of sustainable development in EU normative sources Necessity to refer to internationa sources Brundtland Report, 1987: «Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs» intergenerational responsibility. Rio Declaration, 1992, Principle 7, common but differentiated responsibility intragenerational responsibility or intragenerational equity

6 NOTION OF SUSTAINABLE DEVELOPMENT
Global concept Concept in evolution and change Container concept Millennium Development Goals, 2000 Sustainable Development Goals, 2015 3 fundamental pillars of sustainable development: economic and social development and environmental protection Focus on governance and the rule of law, human rights, non- discrimination, peace and justice, interdependence and interconnection of peoples and societies

7 ARTICLE 21 tEU Values and principles of the Union: democracy, rule of law, universality and indivisibility of human rights, human dignity, equality and solidarity, respect for the principles of the United Nations. The “Missionary Principle” and the conditionality policy in Article 21 TEU Aims and objectives of the external action Sustainable development as a binding objective of the EU’s external action, integrated in all the EU’s policies

8 The EU’s global strategy and the concept of resilience
Resilience as a remedy to governmental, economic, societal and climate/energy fragility Resilience in the reaction to disasters European Commission: «Resilience is the ability of an individual, a household, a community, a country or a region to withstand, to adapt and to quickly recover from stresses and shock». Resilience as a consequence and an effect of sustainable development more than an autonomous objective

9 THE 2017 NEW EUROPEAN CONSENSUS ON DEVELOPMENT
Comprehensive approach to development and integration of sustainable development in all the EU’s external policies Sustainable Development Goals 5 Ps: People, Planet, Prosperity, Peace, Partnership. Stategic areas: trade, finance, environment and climate change, food security, migration and security

10 Philippines and singapore: the court of justice, sustainable development and trade after the lisbon treaty Judgment in case C/377/12 of 11 June 2014, on the Framework Agreement on Partnership and Cooperation between the EU and the Republic of the Philippines. Broader notion of development cooperation, which must consider sustainable development as a comprehensive notion (migration and fight against illegal migration- readmission clause, transport and environment)

11 Philippines and singapore: the court of justice, sustainable development and trade after the lisbon treaty Opinion 2/15 of 16 May 2017, on the Free Trade Agreement between the Eu and Singapore. Sustainable development is an objective of the common commercial policy, on the basis of Article 21 TEU. Social protection of workers Elimination of forced labour, child labour and discrimination Environmental protection and sustainable management of natural resources

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