Abstract

The European Green Deal (EGD) is an ambitious plan that envisions a profound transformation of the EU economy in order to achieve climate and sustainability objectives, while recognizing the need for careful attention to the potential trade-offs between economic, environmental and social objectives. This raises important questions about how policymakers will strike the appropriate balance, and what evidence they must consider in the decision-making process to account for the social and human rights impacts of these sweeping new laws. This article takes a legal-doctrinal approach to assess the evidentiary basis of EGD decision-making and recommend that evidentiary requirements be re-framed and broadened to mandate comprehensive social impact assessment (SIA) and human rights impact assessment (HRIA). This is necessary to ensure that EU institutions properly assess and weigh the impacts of these sweeping changes upon public stakeholders when implementing the plan, which in turn is critical to achieving a ‘just transition’.