The future of the European Union: existencial & constitutional challenges from a human rights perspective: the case of the environment

Abstract

This thesis analyses the future of the European Union from the intersecting perspectives of Constitutional Law, Human Rights, and Environmental governance. Taking as a departure point the fact that the EU is currently facing a crisis that is existential, normative, and institutional in its nature, this work aims to expose the case for stating that the global climate emergency constitutes an illuminating case study to question the Union’s current legal and political architecture, specially when it comes to its human rights and environmental stances. While the EU’s foundational principles emphasize peace, prosperity, and fundamental rights, contemporary challenges—ranging from demographic shifts and geopolitical instability to ecological degradation—pose serious threats to its legitimacy and cohesion. Based on the Treaty of Lisbon and inspired by the Charter of Fundamental Rights, the thesis charts the development of the EU’s constitutional identity and an assessment of its current ability to implement environmental human rights. Key elements of the 2017 White Paper on the Future of Europe and the recent 2024 Draghi Report, which are carefully scrutinised to place debates such as sovereignty and strategic autonomy in the Union into perspective. The study also analyses the EU legislative package — having the European Green Deal as the cornerstone, and also considering other pieces such as the EU Emissions Trading System and the rest of the legislation on sustainability and due diligence — in the context of existing international legal obligations and recent case law, highlights the advancements and shortcomings evidenced in human rights terms. Ultimately, this essay aims to offer a critical reflection on the State of the Union in front of these global challenges and its role in their world and upon its citizens: whether, amid rising internal and external fragmentation, the Union can reassert itself as a legitimate and capable actor, committed to a sustainable and rights-based future.