The awkward relations between EU innovation policies and environmental law

Abstract

The European Union is actively advancing the green and digital transformation of its industries by seeking to integrate disruptive and novel technologies to enhance efficiency in existing production lines. However, the introduction of these technologies, pivotal for this transformation, has encountered challenges within the current regulatory framework. This article systematically examines the legal framework to understand how authorisation procedures, influenced by environmental legislation interpreted in conjunction with the precautionary principle, might hinder the adoption of disruptive and novel technologies. Additionally, the article evaluates the effectiveness of experimentation rules, such as legal sandboxes, in addressing scientific uncertainties linked to these technologies. Despite tensions between innovation policies and environmental regulations, embracing the precautionary principle in decision‐making procedures could facilitate the adoption of sustainable innovations while prioritising long‐term environmental and societal well‐being.