Criteria for environmentally sustainable economic activities with a special focus on the legal significance of the technical screening criteria under the EU Taxonomy Regulation

Abstract

The present master thesis seeks to understand what is legally required to substantially contribute and do no significant harm to the environmental objectives, of the newly adopted EU Taxonomy Regulation. A particular focus was to understand the legal significance of compliance with the technical screening criteria meant to supplement the general conditions to substantially contribute and do no significant harm. The research questions of the thesis are answered using legal doctrinal research.

When examining the research question of the thesis, it was found that there exist acceptable reasons, capable of making the argument that there exists a presumption for the exhaustiveness of the technical screening criteria, in fulfilling the conditions to contribute substantially and do no significant harm. Nevertheless, this presumption merely establishes a point of departure. It was also identified several arguments, capable of challenging this presumption, demonstrating that there is more to it than that. The master thesis also examined whether its findings were applicable in Norway, and thusly within the European Economic Area, and found that there were no substantial hindrances to apply an EU-conform interpretation of the EU Taxonomy Regulation within the European Economic Area.