This volume purports to provide an overview of the national and international measures developed to fight the COVID-19 pandemic in Europe, and aims to serve as a “toolbox” for judges and practitioners. By the time the book goes to print, the coronavirus, we are afraid, has not finished its devastating work. Virus mutations were even threatening that worse is still to come. Vaccination, however, is hopefully showing a way out. Developments such as these make it difficult to predict what the future will bring. We have therefore refrained from presenting the reader with a fully-fledged conclusion. Instead, we intend to offer you some ideas of a methodological nature, as well as some acknowledgements.

As regards the methodology: how did our project come into being? The historical background is to be found in the late 20th century, when several working groups of legal academics from various countries emerged. Commissions, such as Ole Lando’s Commission on European Contract Law, were created and working groups, such as those begun by Christian von Bar, Giuseppe Gandolfiand Reiner Schulze, among others, came up with drafts for a European Civil Code. By the early years of the current millennium, such projects began to run out of steam. The work was done, the money was spent. This did not mean that the members of the various groups lost touch. On occasions such as New Year, or disasters – as perceived by many – such as Brexit, contacts were again taken up, instigated by academics such as Hugh Beale and Matthias Storme. Likewise, early in 2020, when the pandemic started spreading, the group of former Commission members, now at around 100 members, proposed the idea of turning the negative development of the pandemic into something positive. The idea of a special volume was born. Over the past few months, this project has come to fruition. We will now present the way in which we have approached our task.

One of the first questions posed was: what purpose should the volume have? Two options were raised. The majority of the potential authors considered a classical overview of the law the best option.

Producers and consumers play an important role in the fight against plastic pollution, particularly as far as single-use plastics (SUPs) are concerned, that depend on product eco-design and change in consumption patterns. The EU acknowledges the role of producers and consumers, and established goals for Member States, often in the form of rules addressed to the industry. The challenges caused by SUPs were, however, increased by the COVID-19 pandemic that led to an exponential production of protective equipment, such as masks and gloves, food packaging and take-away containers. This contribution thus purports to address the question of how nudging can foster sustainable practices regarding plastics in Europe during and after the coronavirus crisis. Based on the understanding that behavioural insights are useful to both policy and lawmakers and on statistical information available on the impact on consumer choice and the environment, this contribution demonstrates the utility of nudges in the particular COVID-19 scenario and concludes that consumers shall be given a prominent role in the orchestration of the transition to a sustainable plastics economy. In order to do so, the contribution: (1) describes the omnipresence of plastics in the products offered to consumers; (2) contextualises the European approach to SUPs in the pursuit for a circular economy; (3) summarises the impacts of the coronavirus crisis on the environment and on the law in Europe; (4) describes the role of stakeholders in a sustainable plastics economy; and (5) sets the importance of addressing consumer behaviour through nudging in the fight against SUPs.

THE OMNIPRESENCE OF PLASTICS IN THE WORLD OF CONSUMERS

Since their first appearance in 1907, several kinds of polymers have been developed, and we know all of them as “plastic”. Plastics are used for applications as diverse as packaging, electric and electronic equipment, construction, agriculture, healthcare, automotive, clothing, cosmetics, furniture, and toys.

Plastic products and materials are a popular product in modern daily life. They are durable, water resistant, highly functional, and versatile, and may be purchased for a relatively low cost. They have been rapidly and deeply ingrained in people’s day-to-day lives in such a way that we can speak today of an “addiction to plastics”.

PREAMBLE

The outbreak of COVID-19 has brought immense suffering and death to a considerable number of people around the world. It has impacted fundamentally the functioning of States, their democratic institutions and legal systems. Therefore, it is understandable that governments have and are continuing to resort to exceptional measures in seeking to get control over the spread of COVID-19. These exceptional measures inevitably restrict the fundamental rights of citizens in ways that can be justified only in these extraordinary circumstances. It is in the greatest interest of society that these measures against COVID-19 are imposed and enforced within the framework of established democratic principles, the international legal order and the rule of law.

Therefore, although the spread of COVID-19 justifies limitations on the functioning of institutions such as Parliaments and courts, these limitations must be subject to democratic control, must not be misused and not applied for purposes other than measures related directly to the COVID-19 crisis.

The measures taken by governments such as mandatory quarantine, the closure of borders, restrictions in mobility, are also having a dramatic impact on business, trade and employment. It is essential that the legal measures taken to address the hardship and other difficulties caused by COVID-19 take into account principles of solidarity and fairness as well as the need for co-ordinated action between States at an international or EU level as appropriate.

In these circumstances, the European Law Institute (ELI), an entirely independent non-profit organisation established to provide practical guidance in relation to European legal development, puts forward a summary of some of the important legal issues that arise in relation to the COVID-19 crisis.

Its summary, made from an independent non-governmental perspective with due consideration of what has been published by other bodies, is set out in 15 principles. These are addressed to all European States (whether or not Member States of the EU), and are intended to guide European States, EU institutions and other bodies with the object of ensuring that everything that is done accords with the rule of law and democratic values.