‘Judicial Review of the Environmental Performances of the EU Agricultural Policy’

In the 2013 EU Common Agricultural Policy (CAP) reform, the attention paid to the environmental impact of the EU CAP and the fight against climate change became a key concern for the EU legislator. However, an assessment of the outcomes of the measures put in place to this aim reveals that the results achieved are unsatisfactory, particularly with reference to the substantial resources shown to have been consumed. While waiting to see – particularly in the light of the Commission Communication of November 2017 - if in the future CAP the main mistakes are corrected, this chapter will examine whether and to what extent the failure by the EU legislator to address the environmental impact of the EU agricultural policy may be challenged before the European Court of Justice.