The EU Twin Transition: Comparing Form and Substance of the Regulatory Approaches

Abstract Under the notion of the twin transition, the green and digital transitions were conceptualised as a synergetic pair that should pave the way for a globally competitive green and digital Europe. But are European digital and environmental laws truly twins within the EU’s regulatory strategy, suggesting parallel approaches? In this article, we take a formal approach, focusing on regulatory instruments that are employed in both areas and their defining characteristics. While the twin transition in some respects blurs the boundaries between environmental and digital law, including through the integration of environmental considerations into digital regulations, we adopt an analytical distinction between the two domains. Through a series of steps, we identify key differences that set both regulatory approaches apart and help us understand the different trajectories the transitions have taken. Contrary to the often-invoked claim that form is substance, the analysis reveals that the choice of regulatory instruments does not inherently determine substantive policy choices, thereby underscoring the necessity of their comparative examination. Ultimately, the article argues that fostering dialogue between the two policy fields may yield valuable insights into how regulatory tools can be adapted and deployed across domains.