Building blocks of construction waste regulation: from linear management to green infrastructure

Construction and demolition waste (CDW) represents the most significant waste stream by volume within the European Union, yet its regulatory function extends far beyond traditional disposal management. As the Union transitions towards a climate-neutral and resource-efficient economy, the legal framework governing CDW is increasingly serving as an indirect instrument for the delivery of green infrastructure (GI). This article provides a comprehensive legal analysis of the EU waste framework, centred on Directive 2008/98/EC and the subsequent circular economy amendments. It critically evaluates the five-step waste hierarchy and the mandatory recovery targets, framing them as upstream regulatory tools for GI material supply. A central emphasis is placed on the jurisprudence of the Court of Justice of the European Union (CJEU), particularly landmark rulings on ‘discarding’ and ‘recovery’ which determine the material feasibility and legality of nature-based solutions. The analysis further explores practical tools such as pre-demolition audits and the 2024 EU CDW Management Protocol, identifying how proper waste governance conditions the environmental safety of urban development. Drawing on best practices from Member States, the article concludes that green infrastructure cannot be legally effective without coherent construction waste governance, suggesting a path toward the integration of waste law with the Nature Restoration Law and the Soil Monitoring Law.