Year: 2026
Type: article
Abstract: This article critically examines the structural limitations of the EU's environmental legal framework in the context of the current ecological crisis and explores the potential transition towards an ecocentric paradigm. While the EU has developed one of the most advanced environmental regulatory systems globally, its effectiveness remains constrained by persistent anthropocentric assumptions, normative fragmentation, reliance on market‐based and technocratic approaches and emerging patterns of regulatory backsliding. The analysis identifies key systemic weaknesses, including the instrumental conception of Nature, the sectoral structure of environmental legislation and the predominance of economic rationality in decision‐making processes, as well as persistent implementation and enforcement gaps. It further highlights how recent regulatory developments, including environmental criminal law, reflect both incremental progress and enduring structural constraints, particularly the dependence on administrative frameworks and the limited capacity of existing instruments to address cumulative and systemic environmental harm. In response, the article argues for a paradigmatic shift from an anthropocentric to an ecocentric legal approach, grounded in the recognition of the intrinsic value of nature and the potential acknowledgement of ecosystems as subjects of rights. It situates these developments within emerging EU debates and broader comparative and theoretical frameworks, including rights of nature, ecofeminism and biocultural approaches. Finally, the article proposes a multi‐layered transformation strategy combining doctrinal evolution, institutional reform and the progressive integration of ecocentric principles into EU law. It concludes that the ecological transition requires not only regulatory expansion but a profound axiological and structural reconfiguration of the European legal order, capable of ensuring the effective protection of ecological integrity in the face of global environmental challenges.
DOI: 10.1111/reel.70090
Author: Susana Borràs‐Pentinat
Institution: Universitat Rovira i Virgili
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,750
Awards: G8920660035, G9001302740
OpenAlex ID: W7222095010
FWCI: 35.13
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