ED Droit
European Climate Law : effects on competences, normative substance, and governance of the European Union
by Anyssa FATMI (CENTRE DE RECHERCHES ET DE DOCUMENTATION EUROPÉENNES ET INTERNATIONALES)
The defense will take place at 14h00 - Room I-414 Mykolas Romeris University, Ateities g. 20, LT-08303 Vilnius, Lithuania
in front of the jury composed of
- Julien BETAILLE - Professeur - Université de Pau et des Pays de l'Adour - Rapporteur
- Sébastien PLATON - Professeur - Université de Bordeaux - Examinateur
- Owen MCINTYRE - Professeur - University College Cork - Rapporteur
- Lyra JAKULEVIČIENE - Professeure - Université Mykolas Romeris - Examinateur
- Indrė ISOKAITĖ - Associate Professor - Université de Vilnius - Examinateur
This doctoral thesis examines the implementation of EU Climate Law through the lens of competence allocation, legal coherence and consistency, and governance within the European Union. Anchored in the adoption of Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality by 2050, the study analyses how climate objectives have progressively reshaped the vertical and horizontal distribution of powers between the Union, its institutions, and the Member States. While EU Climate Law does not formally modify the principle of conferral, its dense regulatory framework significantly constrains Member State autonomy and reinforces the central role of the European Commission in steering, monitoring, and enforcing climate action. This evolution challenges traditional conceptions of the separation of powers and gives rise to a form of polycentric governance characterised by institutional concentration, fragmented accountability, and asymmetrical implementation. Through a doctrinal and comparative analysis of EU primary and secondary law, Court of Justice of the European Union jurisprudence, national and European climate litigation, and the Union's external commitments—particularly within the WTO framework—the thesis highlights persistent tensions between environmental ambition, internal market integration, democratic legitimacy, and legal certainty. To address these challenges, the thesis argues for a recalibration of the EU climate governance architecture. It proposes the establishment of an independent European Climate Network, inspired by existing models of independent administrative authorities, to enhance expertise, coordination, procedural fairness, and accountability, while preserving the constitutional balance of the Union. Ultimately, the study contends that the effectiveness and legitimacy of EU Climate Law depend not solely on the ambition of its objectives, but on the coherence, consistency, and governance structures through which it is implemented.