FUNDING THE GREEN: ENVIRONMENTAL GOVERNANCE THROUGH SPENDING AND ITS EFFECTIVENESS-RELATED RISKS [pre-publication] - Common Market Law Review View FUNDING THE GREEN: ENVIRONMENTAL GOVERNANCE THROUGH SPENDING AND ITS EFFECTIVENESS-RELATED RISKS [pre-publication] by - Common Market Law Review FUNDING THE GREEN: ENVIRONMENTAL GOVERNANCE THROUGH SPENDING AND ITS EFFECTIVENESS-RELATED RISKS [pre-publication] 63 3 [pre-publication]

Reaching the European Union’s environmental objectives necessitates significant investments. EU funding is increasingly recognized as a critical tool for driving this transition, yet the legal framework governing such spending remains underexplored. This paper maps the environmental legal entry-points in EU funding law, analysing how public finance mechanisms are being increasingly leveraged to mainstream environmental concerns. It identifies three core instruments – dedicated funds, spending targets, and environmental conditionalities – through which EU funding law advances environmental goals. While these developments mark a notable shift, they raise three transversal risks regarding their effectiveness, namely the definition of ‘green’ spending, adherence to the polluter pays principle, and the environmental implications of growth-centric funding logic. The paper highlights the evolution of EU public finance law and calls for closer scrutiny of its effectiveness and environmental integrity.

Common Market Law Review