Fixing the circular economy: a limited right to repair faces core constraints from private law

Abstract

The Right to Repair and Ecodesign EU proposals are two relevant pieces of legislation to promote an ambitious Circular Economy. Analysing those proposals to see limitations arising from time delays, decision-making procedures and intersections with other sectors of the legal system might help to understand if a new sustainable product policy is about to be born. The right to repair is also a good issue to explore if the EU Environmental Law is at a turning point and mandatory instruments of public environmental law are no longer the preferred means of implementing environmental policies because private law approaches and voluntary/information tools are taking the lead.