“Simplification” as Regulatory Retreat? The Omnibus Packages and the Erosion of the Foundations of EU Environmental Law

Abstract

The European Union’s adoption of Omnibus legislation raises profound questions at the core of EU Environmental Law’s constitutional identity, where a high standard of environmental protection is a fundamental principle. This paper examines three Omnibus packages – the Chemicals, Food and Feed Safety, and Environment – and claims that, despite their portrayal as “simplification,” they serve as deregulatory tools that weaken the precautionary principle (Article 191(2) TFEU) and the environmental integration principle (Article 11 TFEU). The analysis of selected provisions shows that the Omnibus mechanism functions as a means to bypass constitutional safeguards, concealing reductions in protections that would normally require scrutiny and justification on proportionality grounds within narratives of administrative efficiency. The paper concludes with recommendations for more thorough assessments, a high burden of justification for reducing protective EU standards and increased parliamentary oversight. Ultimately, the question of whether Articles 11 and 191(2) TFEU still hold substantive power as enforceable limits on deregulation lies at the core of the EU’s environmental constitutional acquis and its broader claims to democratic legitimacy.