The goal of this paper is to examine how the principle of proportionality, when applied alongside EU primary law environmental principles, supports ambitious environmental measures such as those introduced by the Ecodesign for Sustainable Products Regulation (ESPR).
We start by highlighting the significant restrictions the transition to the circular economy imposes on the fundamental rights to property and freedom to conduct a business. The second section analyses CJEU case law on proportionality in environmental matters and explores the integration of environmental principles into proportionality assessments.
The third section applies this analysis to the ESPR, arguing that ecodesign requirements represent a natural evolution of EU environmental policy in light of the essentially preventative nature of the polluter- pays principle.
We conclude that ecodesign requirements are grounded in EU primary law and that the proportionality test serves not only to limit excessive regulation but also to affirm the legitimacy of ambitious environmental action.
