The European Union (EU) Green Deal and its implementation policies set out ambitious and legally binding goals related to climate neutrality, biodiversity protection and zero pollution. To achieve these goals, Member States must discontinue economic activities causing the most detrimental environmental impacts. The societal changes ahead are likely to pose challenges to the right to property and other fundamental rights. As a result, tension and even conflict can be anticipated between the Green Deal goals and the domestic legal orders. Traditionally, direct conflict between the two legal systems has been resolved by the principle of primacy. This article analyses whether and to what extent the principle of primacy can be effective in delivering the Green Deal goals. Through concrete case examples, the article illustrates the friction between EU and national law in implementing the Green Deal and demonstrates the promise and pitfalls of relying on primacy in resolving conflicts between legal orders.
European Public Law