Empowering the Green Deal: significant delegation and constitutional limits in CBAM and CRMA

The European Union's Green Deal extends its influence beyond environmental policy, introducing instruments like the Carbon Border Adjustment Mechanism (CBAM) and the Critical Raw Materials Act (CRMA) to link market access and internal market measures to environmental performance. This chapter examines the delegation of powers within these instruments, focusing on the constitutional framework and its alignment with the EU's green transition goals. By analyzing the delegation choices in CBAM and CRMA, the chapter assesses whether these choices comply with the EU's constitutional framework and contribute to the Green Deal's objectives. The analysis reveals that while the constitutional framework is flexible and fit for purpose, political negotiations often shape delegation choices more than legal constraints. The chapter concludes that the success of CBAM and CRMA in achieving their goals will depend on exploiting the constitutional framework's remaining scope for significant delegated empowerments, ensuring that political and institutional dynamics do not undermine the EU’s Green Deal ambitions.