International Construction Law Review
SYSTEMATIC REVIEW OF WESTERN EUROPEAN PUBLIC AND PRIVATE POLICIES AND (PROPOSED) LEGISLATION TO IMPLEMENT A CIRCULAR BUILT ENVIRONMENT
Professor MR Stéphanie van Gulijk
Professor of Private Law at Tilburg University,
Deputy Judge at the Amsterdam Court of Appeal
Jonas Voorter
Postdoctoral researcher, Tilburg University and Hasselt University
1. Introduction1
That Europe’s construction industry needs to become more sustainable is no longer a question. Global climate developments, concerns about scarce resources and the vast price increases of gas and electricity have only made the need for sustainability and a new circular economic model more urgent.2 Over the past five to 10 years, and especially after the European Green Deal (approved in 2019), policymakers, private parties in the construction and environmental sector and (to a lesser extent) consumers have realised that the construction sector in particular has far too large a footprint. On the other hand, it is also this sector that has great potential to contribute to a sustainable environment with circular, energy-efficient building and renovation. In order to ensure that a sustainable built environment does not turn out merely to be wishful thinking, the European Commission (hereafter: EC) and many member states have pronounced the ambition to realise a more circular built environment in 2030 with the overarching aim
of making the European Union climate neutral in 2050. Unlike linear construction, circular construction3 must halve the use of primary raw
1 The authors would like to thank Juliette Deltour for helping us to analyse the various legislation in the different member states. Her efforts were very important for the design, structure and content of this article.
2 Circularity is a possible pathway towards sustainability. For a more in-depth discussion about the definition of the concept of the “circular economy”: Voorter, J, Iurascu, A and van Garsse, S, “The concept ‘circular economy’: towards a more universal definition”, Ius Publicum Network Review 2021, nr 2, http://www.ius-publicum.com/pagina.php?lang=en&pag=articoli&n=5 (last accessed 19 May 2023).
3 Circular construction can be defined as developing, using and reusing buildings, construction components or products and materials, areas, and infrastructure without unnecessarily depleting natural resources, polluting the living environment and affecting ecosystems. See: European Circular Economy Stakeholder Platform, Circular Buildings and Infrastructure 2021, https://circulareconomy.
europa.eu/platform/sites/default/files/circular_buildings_and_infrastructure_brochure.pdf (last accessed 19 May 2023).
Pt 3] Systematic Review of Western European Public and Private Policies
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