(Non-)Regression in EU Lawmaking: the Sustainability Omnibus as a Turning Point?

Abstract

This article examines the Sustainability Omnibus as a potential turning point in EU lawmaking through the lens of the emerging principle of non-regression in environmental law. It argues that the Omnibus not only amends the central pillars of the EU sustainability framework but also reflects a shift in how such reforms are adopted. Substantively, the Omnibus narrows the scope of reporting and due diligence obligations and weakens elements of the disclosure and enforcement architecture, lowering the level of environmental and human rights protection envisaged in the CSRD and the CS3D. At the same time, its preparation departed from core safeguards of EU better regulation, including the absence of a dedicated impact assessment, limited public consultation and reliance on a broad notion of urgency. The article uses non-regression as an analytical framework to assess both these substantive and procedural issues. It argues that, while non-regression has not yet crystallised into a binding principle of EU law, it is best understood as establishing a presumption against backsliding that triggers a heightened duty of justification. It concludes that in the EU context, this presumption should operate primarily ex ante , requiring stricter standards of evidence, transparency, participation and reasoning where environmental protection is reduced.