In April 2024, an article written by Professor Yumiko Nakanishi of the Graduate School of Law, “The Process of Enacting and Amending EU Law and Considering Future EU Environmental Law,” was published in the monthly journal Chemical Management. In this article, Professor Nakanishi first explains the institutions and powers involved in the adoption of basic EU measures, and then goes on to discuss the future of EU environmental law, focusing on the EU’s leadership in the environmental field, including climate change and biodiversity protection. Professor Nakanishi explains that the competence for the EU’s environmental measures is stipulated in the Treaties of the European Union (Treaty on European Union and the Treaty on the Functioning of the European Union), and that the EU can adopt various measures related to the environment, using several examples. Then, she refers to the precautionary principle and the polluter pays principle in the EU’s environmental policy and mentioned that even “in cases where there is insufficient scientific evidence and the cause-and-effect relationship cannot be proven”, precautionary measures are taken, and that the extended producer responsibility (EPR) has had a significant impact on Japan. In the chapter on the establishment and revision of EU law, she explains the ordinary legislative procedure, the special legislative procedure, and revision measures. Then, she mentioned the case where new measures replace existing measures and noted that EU measures are not created to be perfect from the outset but are improved through a process of “learning by doing”. Finally, Professor Nakanishi explains the future trends in EU environmental law, including climate change measures, the circular economy, and future generations, and concludes by pointing out the importance of a clear direction and a foundation that allows companies to innovate with confidence, rather than simply trying to match EU standards.

https://jglobal.jst.go.jp/detail?JGLOBAL_ID=202402258203023776