Offshore wind power through the lenses of EU climate, energy, and environmental law : between climate aspirations, market competition, and environmental impact

This article examines the coherence of European Union (EU) climate, energy, and environmental laws for offshore wind power, focusing on the ability of the EU legal system to manage trade-offs in offshore wind development. The topic is timely, as the EU is advancing an energy transition that includes offshore wind, while also aiming to protect and restore marine environments and biodiversity. In its current setup, EU law lacks the capacity to balance these trade-offs, with climate and energy goals taking precedence over ecological protections. This is visible in how climate change mitigation, energy security, and energy markets hold a dominant position in EU law to the development of offshore wind, while ecological considerations are paid lip service but offered little legal protection. This is problematic as the EU has set itself legal goals to both reach good environmental status of the marine environment and restore the marine environment. To support a timely transition with minimal ecological impact, we propose two recommendations on how to modify the current EU legal frameworks: The legal status of the Marine Strategy Framework Directive should be clarified and strengthened, and maritime spatial plans for offshore wind should contain legally binding no-go areas to protect marine biodiversity and ecology.