The LULUCF-Regulation in Environmental Permitting Procedures: Does LULUCF Stop at the 'Permit Door'? -A Flemish (Belgian) Analysis

Abstract

This article delves into the question of whether EU climate legislation can be (indirectly or directly) applicable to private parties in an environmental permitting context. The Flemish Council of Permit Disputes ruled negatively, stating the LULUCF-regulation (in particular) does not impose any obligations for private parties. This judgement serves as a starting point for the analysis. The author examines three potential 'doorways' through which LULUCF-regulation (and potentially, other EU climate legislation) could have implications for private parties, even when they are (in principle) excluded from the Regulation's scope. The analysis is created from a legal perspective, specifically on Flemish spatial planning law, with references to EU law like the project-EIA-directive.