Analysis of the European parliament's legal opinion: is the new CAP legislative proposal compatible with existing EU law requirements?

On 15 April 2024, at the request of the European Parliament's Environment Committee, the European Parliament's Legal Service issued a Legal opinion on the compatibility of a new legislative proposal to revise two Common Agricultural Policy (CAP) regulations with certain parts of existing CAP regulations and other existing legal requirements and obligations.

The present analysis dissects selected arguments developed in the Legal Opinion, in relation to several questions that were apparently raised by the Environment Committee.

Our findings, which at times contradict those of the Legal Service, and on other occasions refine its argumentation, conclude that:

• The adoption by the co-legislators of the legislative proposal without substantial modifications would be in breach of several provisions of the CAP regulations, and in particular Article 5, 6 and 105 of the CAP Strategic Plans Regulation;
• The absence of an impact assessment or sufficient justifications to underpin the legislative proposal is in breach of several provisions of the Treaty on European Union, and the case-law of the Court of Justice of the EU;
• The absence of a climate consistency assessment to underpin the legislative proposal is in breach of Article 6(4) of the European Climate Law.