The Role of Law in the Circular Economy: A Legal Instrument for Sustainability

Verónica Juliana Caicedo Buitrago ()
Additional contact information
Verónica Juliana Caicedo Buitrago: Universidad Alfonso X el Sabio, Faculty of Business & Technology

Chapter Chapter 25 in Human Resource Development for Sustainability and Social Responsibility, 2026, pp 353-376 from Springer

Abstract: Abstract This paper examines the role of law as a structuring instrument in the transition towards a circular economy, framed within the strategic goals of the European Green Deal and the 2030 Agenda. Moving beyond a merely environmental or technical interpretation, the study conceptualises the circular economy as a legal paradigm with transformative potential across economic, institutional and social dimensions. The research is guided by the central question of whether the current European and Spanish legal frameworks are adequately configured to ensure a coherent, effective and equitable transition to circularity. The analysis combines a legal-dogmatic and qualitative methodological approach, focusing on the main European directives and regulations, as well as their transposition into Spanish law. It critically assesses the effectiveness, coherence and enforceability of the current legal architecture, identifying major regulatory challenges such as fragmentation, asymmetric implementation, digital gaps and weak justiciability. The study proposes five strategic legal priorities to enhance the system: regulatory harmonisation, strengthening of extended producer responsibility (EPR) mechanisms, promotion of green taxation and circular procurement, reinforcement of local capacities, and the mandatory integration of digital traceability tools. As a case study, the maritime sector is examined as a dense legal environment where environmental, technological, labour and gender dimensions converge. Particular emphasis is placed on the need to integrate gender equality into circular economy policies, especially in masculinised and strategically relevant sectors such as shipping and port infrastructure. The findings support the thesis that law must no longer be treated as a subsidiary technical instrument, but as a key enabler of systemic change capable of articulating sustainability, innovation and social justice. The paper calls for a new legal pact underpinning the circular economy, based on enforceable rules, multilevel governance and inclusive design, ensuring that circularity is not only operational but also socially transformative.

Keywords: Legal framework; Circular economic; Sustainability governance (search for similar items in EconPapers)
Date: 2026
References: Add references at CitEc
Citations:

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:spr:prbchp:978-3-032-09683-8_25

Ordering information: This item can be ordered from
http://www.springer.com/9783032096838

DOI: 10.1007/978-3-032-09683-8_25

Access Statistics for this chapter

More chapters in Springer Proceedings in Business and Economics from Springer
Bibliographic data for series maintained by Sonal Shukla () and Springer Nature Abstracting and Indexing ().