Biography

Sanja Bogojević is Fellow and Associate Professor of Law at Lady Margaret Hall and the Faculty of Law. She read law at King’s College London and Passau Universität (LLB with German Law), as well as at the Collège d’Europe (LLM) before completing her DPhil at Corpus Christi College, Oxford. She has held visiting research positions at the Max Planck Institute for Collective Goods; the New York University School of Law; the University of New South Wales and the UC Berkeley School of Law. Her research interest lies in Environmental Law and EU Law more broadly and much of her work explores interlinks and dichotomies between private and public spheres in these two legal spheres. To this end, she currently works on research projects exploring the role of markets in environmental law, the greening of procurement law, environmental aspects of the Belt and Road Initiative, as well as the adjudication of environmental rights. In 2016 she was awarded the Nils Klim Prize for her outstanding research contribution to environmental law- and emissions trading scholarship. She currently acts as the Analysis Editor for the Journal of Environmental Law. 

Publications

Featured publications

  • David Driesen and S Bogojevic, 'Economic Thought and Climate Disruption: Neoclassical and Economic Dynamic Approaches in the USA and the EU' (2013) 25 Journal of Environmental Law 463
    DOI: https://doi.org/10.1093/jel/eqt017
    In this article we consider the economic ideas that have influenced climate disruption law both in the USA and the EU. Although economic thought has led to the adoption of ‘market-based’ mechanisms in both places, its impact has been different: it created regulatory inertia in the USA, and green leadership in the EU—at least with respect to responding to climate disruption. We argue that different culture-specific economic conceptions about appropriate policy and policy analysis may help explain this divergence, thereby illustrating both various economic ideas and their distinct impact on climate law, as well as the need for environmental lawyers to engage with a discipline outside their own.
  • S Bogojevic, 'CJEU, can you hear me? Access to justice in environmental matters' (2013) 16 Europarättslig tidskrift 728
  • S Bogojevic, 'Mapping Public Procurement and Environmental Law Intersections in Discretionary Space' in Sanja Bogojević, Xavier Groussot and Jörgen Hettne (eds), Discretion in EU Public Procurement Law (Hart Publishing 2019)

Book (2)

J Adams-Prassl and S Bogojevic, Great Debates in European Union Law (Macmillan International Higher Education 2021)
Id: 12375
S Bogojevic, Emissions Trading Schemes: Markets, States and Law (Hart Publishing 2013)
Id: 8152

Journal Article (14)

Id: 12373
S Bogojevic, 'Human rights of minors and future generations: Global trends and EU environmental law particularities' (2020) Review of European, Comparative & International Environmental Law
DOI: 10.1111/reel.12345
A growing global wave of climate change litigation is led by minors, relying on their human rights, as well as those of future generations against governments and their failure to take action on climate change. Such litigation is emerging also before the Court of Justice of the European Union, where the ambitiousness of the EU’s cli- mate change policies, embodied in the 2030 Climate and Energy Policy Framework, is challenged. This may suggest a possible ‘rights turn’ in EU climate change litiga- tion, where the use of rights claims intensifies and allows stakeholders traditionally excluded from decision making to raise their concerns in a judicial forum. This article explains why this trend has failed to materialize in the EU through an analysis of EU environmental law particularities. From this view, it shows the shortcomings of the 2030 Framework, and by drawing inspiration from successful enforcement of statu- tory obligations in EU air quality legislation, the article suggests how these may be remedied in future legislative action.
Id: 11766
S Bogojevic and Mimi Zou, 'Making Infrastructure “Visible” in Environmental Law: The Belt and Road Initiative and Climate Change Friction' (2020) Transnational Environmental Law advance access
DOI: https://doi.org/10.1017/S2047102520000278
Infrastructure is often viewed through global and promotional lenses, particularly its role in creating market-connectivity. Infrastructure, however, is heavily dependent on and constitutive of local space, where ‘frictions’, or disputes emerge. Drawing on the Belt and Road Initiative (BRI) as a case study, we examine in detail two cases of BRI-related climate change litigation – one in Pakistan, and one in Kenya – that shed light on the frictions arising from what is deemed the most significant transnational infrastructure project of our time. In doing so, this study demonstrates how infrastructure can be made more visible in environmental law and how environmental law itself provides an important mechanism for stabilizing frictions in local spaces where infrastructure runs.
Id: 12374
S Bogojevic and Mirjana Drenovak-Ivanović, 'Environmental Protection through the Prism of Enlargement: Time for Reflection' (2019) 56 Common Market Law Review 949
In the wake of crises and “enlargement fatigue”, EU politics deprioritized enlargement. Recently, however, the Commission motioned a reinvigorated enlargement prospect for the Western Balkans, identifying Serbia and Montenegro as the front runners. This paper advises that in going forward, the EU should also look back at its five decades of enlargement. The article focuses on environmental protection – a key EU public policy – and the way in which it features in the ever-evolving accession conditions and accession acts. It emerges that environmental protection has been marginalized throughout EU’s enlargement history. Taking Serbia as a case study, it is shown that this is highly problematic, since environmental protection is linked to safeguarding the rule of law – an essential criterion for EU membership. The role of environmental protection in the EU’s enlargement policies should thus be reprioritized.
Id: 10888
Id: 11269
S Bogojevic, 'Judicial Dialogue Unpacked: Twenty Years of Preliminary References on Environmental Matters Initiated by the Swedish Judiciary' (2017) 29 Journal of Environmental Law
DOI: doi.org/10.1093/jel/eqx009
Judicial dialogue, as enabled through preliminary reference, is a fundamental component of the EU judicial system. It allows the national courts to ask the Court of Justice (ECJ) questions of interpretation and validity of EU acts, thereby helping secure the coherence of EU law, as well as it safeguards judicial protection, especially for individual applicants who otherwise enjoy limited access to the ECJ. The way this dialogue maps out in practice, however, is far from straightforward. Examining preliminary references on environmental matters issued by the Swedish courts over a twenty-year period shows various dialogues taking place—interchanged, gapped, interrupted and silenced—each demonstrating a different response from the national courts in implementing the ECJ’s rulings. This finding raises pressing questions concerning the impact of preliminary rulings in the Member States, the relationship between the national and the EU courts, and whether judicial dialogues are effective guarantors of judicial protection.
Id: 8154
S Bogojevic and Nicolas Petit, 'Deterring the State and the Firm: Two systems of deterrence under EU law?' (2016) 23 Colombia Journal of European Law 55
This paper sheds light on the existence of a differential deterrence regime in EU law, depending on whether the State or the firm is the addressee of a legal obligation. To that end, we review two areas of EU law—environmental law and competition law. Both disciplines employ fines to deter the State and the firm respectively from violating their specific duties under the Treaty on the Functioning of the European Union: the ’duty to transpose’ with regard to State obligation under environmental law, and the ‘duty to compete’ in relation to firms under competition law. We show how the deterrence regime is softer on the State in at least three ways: functionally (the purpose ascribed to the penalties), operationally (the method followed to set and liquidate the penalty), and procedurally (requiring prior judicial approval as opposed to immediate applicability). These findings are significant for two reasons: they suggest a State versus firm discrepancy in the EU’s deterrence regime, and serve to initiate a debate on the desirability of such a divide.
Id: 8155
S Bogojevic, 'Judicial Protection of Individual Applicants Revisited: Access to Justice through the Prism of Judicial Subsidiarity' (2015) 34 Yearbook of European Law 5
Rules on standing hold the power to enable, as well as to foreclose, intervention in regulatory processes. As such, they determine who may challenge regulatory power, and according to which criteria. This makes standing rules pivotal to any legal system. In the EU context, the Court of Justice of the European Union (CJEU) has been much criticised over the years for its narrow interpretation of direct standing rules of individual applicants. Examining recent case law on standing of individual applicants, with a focus on jurisprudence concerning mainly EU environmental law, this article sheds new light on this judicial approach, arguing that the EU court acts according to judicial subsidiarity; that is, reducing CJEU intervention and enabling judicial matters to be resolved closer to the citizens. This article shows that as a consequence, attempts to improve access to justice in the EU legal order need to focus on guaranteeing broad national standing rules and bolstering the role of national courts in securing judicial protection for individuals.
Id: 8157
S Bogojevic, 'CJEU, can you hear me? Access to justice in environmental matters' (2013) 16 Europarättslig tidskrift 728
Id: 12372
David Driesen and S Bogojevic, 'Economic Thought and Climate Disruption: Neoclassical and Economic Dynamic Approaches in the USA and the EU' (2013) 25 Journal of Environmental Law 463
DOI: https://doi.org/10.1093/jel/eqt017
In this article we consider the economic ideas that have influenced climate disruption law both in the USA and the EU. Although economic thought has led to the adoption of ‘market-based’ mechanisms in both places, its impact has been different: it created regulatory inertia in the USA, and green leadership in the EU—at least with respect to responding to climate disruption. We argue that different culture-specific economic conceptions about appropriate policy and policy analysis may help explain this divergence, thereby illustrating both various economic ideas and their distinct impact on climate law, as well as the need for environmental lawyers to engage with a discipline outside their own.
Id: 8158
S Bogojevic, 'EU Climate Change Litigation, the Role of the EU Courts, and the Importance of Legal Culture' (2013) 35 Law & Policy 184
DOI: https://doi.org/10.1111/lapo.12005
The purpose of this article is to show it is only in light of legal culture that climate change jurisprudence in the European Union can be explained. Examining the case law concerning the EU Emissions Trading Scheme, this article demonstrates that climate change proceedings in the European Union raise questions that stand at the heart of the EU legal order; that is, they demand that the boundaries of the EU's regulatory competences are drawn. In effect, the EU courts focus on ensuring that EU climate change laws are in accord with the rule of law or, in the context of EU law, the borders of the EU's environmental regulatory powers. As such, this article shows that attention needs to be given to the interaction between climate change laws and the constitutional role of the EU judiciary. These interactions are considered here together with the contingency of EU climate change litigation on EU legal culture.
Id: 8159
S Bogojevic, 'Litigating the NAP: Legal Challenges for the Emissions Trading Scheme of the European Union' (2010) 3 Carbon and Climate Law Review 217
There has been a sharp increase in the amount of litigation regarding the European Union Emissions Trading Scheme in recent years. Cases revolve mainly around the limits of the Commission's discretion in reviewing National Allocation Plans (NAPs). This may seem a mere technicality; however, as this article aims to show, it is better described as an undercurrent of legal challenges relating to the allocation of authority between the Member States and the Commission in this particular climate change regime. By examining four cases in particular – United Kingdom v Commission, Germany v Commission, Poland v Commission and Estonia v Commission – attention to these issues will be brought to light, and the idea of caps being simply instrumental in emissions trading refuted.
Id: 8164
S Bogojevic, 'Ending the Honeymoon: Deconstructing Emissions Trading Discourses' (2009) 21 Journal of Environmental Law 443
DOI: https://doi.org/10.1093/jel/eqp018
Emissions trading schemes are often portrayed as straightforward regulatory strategies. The aim of this article is to initiate a much-needed environmental law debate on this subject and defy any claims about emissions trading being unproblematic from a legal viewpoint. In doing so, I deconstruct emissions trading discourses, or more precisely, I categorise different viewpoints, as presented in emissions trading literature, in the Economic Efficiency, Private Property Rights, and Command-and-Control models. These reflect ways in which emissions trading schemes are understood in the relevant scholarly discussions. More importantly, the models show that emissions trading can be viewed through different lenses, each lens setting out a different framework through which to construct emissions trading schemes, and in particular with regard to the role of the market, the state, and emissions allowances. Thus, this article draws attention to legal complexities embedded in emissions trading discourses and shows that emissions trading schemes are complex regulatory mechanisms that require further attention from environmental law scholars.
Id: 8161
Id: 8163

Case Note (3)

S Bogojevic, 'Sweden – The Preem case' (2020) Diritto Processuale Amministrativo [Case Note]
Id: 12376
S Bogojevic, Xavier Groussot and Megi Medzmariashvili, 'Adequate Legal Protection and Good Administration in EU Asylum Procedures: The Case of C-604/12 H.N. and beyond' (2015) 52 Common Market Law Review 1635 [Case Note]
Id: 8156
S Bogojevic, 'Legalising Environmental Leadership: A Comment on the CJEU’s Ruling in C-366/10 on the Inclusion of Aviation in the EU Emissions Trading Scheme' (2012) 24 Journal of Environmental Law 345 [Case Note]
DOI: https://doi.org/10.1093/jel/eqs013
This article examines the recent judgment in Case C-366/10 in which the CJEU upheld the widened scope of the EU Emissions Trading Scheme, to include aviation, against a challenge by US airlines. At the core of this case stands the question of the extent to which, if at all, the EU is allowed to unilaterally control greenhouse gas emissions from aviation given that to date these are unregulated at an international level. As such, this is a case concerning the legitimacy of regional regulatory responses to global institutional failings. What the Court does is to legitimise the EU’s leading role in combating climate change, which has important implications not only with regard to EU climate change policy but also in shaping the global climate change regime.
Id: 8160

Chapter (15)

S Bogojevic, 'Market Mechanisms' in Jorge E. Viñuales and Emma Lees (eds), Oxford Handbook of Comparative Environmental Law (Oxford University Press 2019)
Id: 8928
S Bogojevic, 'Mapping Public Procurement and Environmental Law Intersections in Discretionary Space' in Sanja Bogojević, Xavier Groussot and Jörgen Hettne (eds), Discretion in EU Public Procurement Law (Hart Publishing 2019)
Id: 10100
S Bogojevic, 'Miljörätten och offentlig upphandling: vikten av intra-disciplinär miljörättsforskning' in Jan Darpö, Maria Forsberg, Maria Pettersson and Charlotta Zetterberg (eds), Miljörätten och den förhandlingsovilliga naturen: Vänbok till Gabriel Michanek (Iustus förlag 2019)
Id: 10618
S Bogojevic, Xavier Groussot and Jörgen Hettne, 'The "Age of Discretion": Understanding the Scope and Limits of Discretion in EU Public Procurement Law' in Sanja, Xavier Groussot and Jörgen Hettne (eds), Discretion in EU Public Procurement Law (Hart Publishing 2019)
Id: 10101
S Bogojevic, Xavier Groussot and Jörgen Hettne, 'Looking Ahead: A "New Age" of Proportionality' in Sanja Bogojević, Xavier Groussot and Jörgen Hettne (eds), Discretion in EU Public Procurement Law (Hart Publishing 2019)
Id: 10102
S Bogojevic, 'Environmental (Property) Rights in Market-Based Management' in Sanja Bogojević and Rosemary Rayfuse (eds), Environmental Rights Revolution in Europe and Beyond (Hart Publishing 2018)
Id: 8926
S Bogojevic, 'Environmental Rights in Europe and Beyond: Setting the Scene' in Sanja Bogojević and Rosemary Rayfuse (eds), Environmental Rights in Europe and Beyond (Hart Publishing 2018)
Id: 8927
S Bogojevic, 'EU Human Rights Law and Environmental Protection: The Beginning of a Beautiful Friendship?' in S Douglas-Scott and N Hatzis (eds), Research Handbook on EU Law and Human Rights (Edward Elgar Publishing 2017)
Id: 8165
S Bogojevic, 'Climate Change Law and Policy in the European Union' in C Carlarne, K Gray and R Tarasofsky (eds), The Oxford Handbook of International Climate Change Law (Oxford University Press 2016)
Id: 8166
S Bogojevic, 'EU Climate Change Litigation: All Quiet on the Luxembourgian Front?' in G van Calster, W Vandenberghe and L Reins (eds), Research Handbook on Climate Change Mitigation Law (Edward Elgar Publishing 2015)
Id: 8167
S Bogojevic, 'Global Imbalances in Climate Protection, Leadership Ambitions and EU Climate Change Law' in A Bakardjieva Engelbrekt, L Oxelheim and T Persson (eds), The EU’s Role in Fighting Global Imbalances (Edward Elgar Publishing 2015)
Id: 8168
S Bogojevic, 'EU:s handel med utsläppsrättigheter och de globala obalanserna i klimatskyddet' in A Bakardjieva Engelbrekt, L Oxelheim and T Persson (eds), Europaperspektiv: EU och de globala obalanserna (Santérus förlag 2014)
Id: 8170
S Bogojevic, 'Europeanization of the Judiciary in Southeast Europe' in S Rodin and T Perisin (eds), Judicial Application of International Law in Southeast Europe (Springer 2014)
Id: 8169
Xavier Groussot and S Bogojevic, 'Subsidiarity as a Procedural Safeguard to Federalism' in Loïc Azoulai (ed), The Question of Competence in the European Union (Oxford University Press 2014)
Id: 10047
S Bogojevic, 'Global Gazing: Viewing Markets through the Lens of Emissions Trading Discourses' in B Jessup and K Rubenstein (eds), Environmental Discourses in Public and International Law (Cambridge University Press 2012)
Id: 8171

Edited Book (2)

S Bogojevic, Xavier Groussot and Jörgen Hettne (eds), Discretion in EU Public Procurement Law (Hart Publishing 2019)
Id: 10099
S Bogojevic and Rosemary Rayfuse (eds), Environmental Rights in Europe and Beyond (Hart Publishing 2018)
Id: 8153

Research projects