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EU and comparative law issues and challenges series
https://doi.org/10.25234/ECLIC/27465…
29 pages
1 file
The EU ratification of the Paris Agreement initiated extensive political and legislative activities within the EU to reach agreed climate objectives. The declaration of the climate crisis, the publication of the European Green Deal, and the obligation to reduce greenhouse gas emissions by at least 55% by 2030 compared to 1990 levels created the foundations for establishing an ambitious climate legal framework at the EU level. At the center of that legal framework is the European Climate Law, which obliges the EU to achieve climate neutrality by 2050. Completing the set goals requires a strong climate transition, which includes, among other actions, a change to a low-carbon economy. At the EU level, the obligation to fulfill the goals of the Paris Agreement and the related goals of the European Climate Law is primarily on the institutions of executive and legislative power that have the democratic legitimacy to act actively to achieve climate neutrality. However, the international ag...
2024
This article elaborates and discusses the idea of a judicial accountability gap in the context of climate change policy-related obligations of central banks in the EU. With the interest in incorporation of climate change considerations in monetary policy on the rise, legal scholarship has focused largely on the toolbox at the disposal of central bankers and political accountability of central bankers with respect to the sustainability transition. The judicial route has so far remained largely unexplored, the general global trend of climate litigation notwithstanding. We content that this is an omission, especially where accountability tools to ensure adequate contributions of institutions to the goals of sustainability transition are lacking. The article closes this gap by (a) highlighting the accountability gap that exists in incorporating these goals into monetary policy across the EU; (b) outlining the EU central banks' Treaty-embedded "green" obligations pointing as well to the risks posed by divergent practices across the EU in this regard; (c) discussing how any infringements of EU Treaty obligations of within the European System of Central Banks (ESCB), could be addressed through judicial accountability understood as judicial control of legality of central bank action and sketch possible avenues for EU courts to review EU central banks' action. We conclude by discussing the prospects and the limitations of the approach advanced in the article, in particular vis-à-vis the EU central banks not (yet) part of the Eurosystem.
Edward Elgar Publishing eBooks, 2023
Edward Elgar Publishing eBooks, 2023
JEEPL, 2018
This article presents the development of the climate policy of the European Union (eu) which is analysed in terms of the legal measures adopted to implement it. The main goal of the study is to verify the thesis that the eu climate policy which is expressed in eu law is part of the eu policy in the field of environmental protection. In order to verify this thesis, the study presents and analyses the major acts of the secondary legislation of the eu in the field of the climate. The study considers, in particular, the objectives of these acts, their Treaty bases and the main principles on which they are based.
Edward Elgar Publishing eBooks, 2023
The EU is one of the major emitters of greenhouse gases (GHGs) in the world, both historically and in terms of the situation prevailing in the 2020s. By international standards, its energy mix is relatively diverse, encompassing fossil fuels, nuclear power and renewables. While the shift towards a greater share of renewables progresses apace, fossil fuels are still reckoned to account for 72 per cent of its energy mix, compared with an 80 per cent share globally (IEA 2020). Recognizing this context, the EU has long tried to act as a leader in international climate policy, both in terms of shaping evolving international institutional arrangements and developing policies and measures to reduce its own emissions. Dating from the early 1990s, its climate-related policy activities have had enormous influence within its own borders and beyond, and over time have gradually expanded to encompass a widening range of economic sectors. Indeed, climate action now has quasi constitutional status in EU law. Although the EU's founding treaties do not explicitly define climate policy, Article 191(1) of the Treaty on the Functioning of the European Union (TFEU) refers to combating climate change as one of the core objectives of its policy on protecting the environment (Stoczkiewicz 2018). In 2019, with much fanfare, climate change moved to the very top of the EU's legislative agenda when the European Commission launched proposals for a European Green Deal: a package of measures aiming to reduce net EU emissions to zero by mid-century, in the context of a wider set of environmental and social goals (European Commission 2019). Among the countries and organizations subscribing to the objective of 'climate neutrality' by the middle of the twenty-first century, the EU is nonetheless a rather distinctive actor, whose long-standing efforts to deliver decarbonization deserve particularly close attention. With 450 million citizens and a €14.5 trillion economy (European Union 2022), it is neither a sovereign state nor an international organization. The EU's efforts have been shaped by its characteristics as a complex multi-level institutional landscape, a supranational organization, and a set of 27 Member States of varying levels of wealth and economic size, with different and at times contradictory interests, visions, domestic political dynamics and willingness to act collectively. Although overall the EU is dependent on fossil fuel imports, especially for oil and gas (IEA 2020), some Member States host significant fossil fuel production and supply industries, underpinned by powerful vested interests. In others, the continuation of carbon-intensive economic sectors has powerful backers; in each case, climate policy is rendered economically and politically sensitive at national and EU levels. European ways of life, moreover, are heavily associated with per capita GHG emissions that, although gradually falling, continue to exceed the global average (IEA 2022). Nevertheless, in view of its economic and institutional strength, the EU can be looked upon as a rather benign 'critical case': 'if [it] cannot develop effective climate policies, then the implications for the globe are grim' (Wettestad 2000: 26).
2022
Τhe present study aims at providing a concise and in-depth analysis of the interconnectedness between the European Central Bank, as a European institution and, more specifically, a monetary authority, and environmental protection considerations. It is structured in two Sections: Section A deals with the fundamental question of whether the European Central Bank is mandated to contribute to the goal of environmental protection, and, by extension, incorporate climate-related considerations into its modus operandi. This Section also undertakes the task of examining the impact of the impending climate change on the European Central Bank’s objectives, as well as it presents the existing legal bases which could advocate for an affirmative answer to the above fundamental question, along with potential objections raised. Provided that the European Central Bank is required to incorporate environmental objectives into its mandate, Section B discusses the effects on its monetary policy instruments, while, at the same time, attempts to present future judicial reflections on the matter.
The Annals of “Dunarea de Jos” University of Galati. Fascicle IX, Metallurgy and Materials Science, 2018
This article aims to highlight European policies on climate change taking into account the objectives of the Paris Agreement which aim to keep the global temperature below 2 °C and reduce carbon emissions. Therefore, Member States shall take measures to reduce greenhouse gas emissions in order to achieve the objectives set. Presently, a particular emphasis is placed on mitigating climate change that is related to the reduction of greenhouse gas emissions, and therefore EU Member States have adopted national programs to reduce emissions. The EU Energy-Climate Framework of 2030 was presented by the Commission on 22 January 2014, it is an effective way of communication which establishes a framework for EU policies on climate and energy in 2020-2030. In addition to mitigation climate change, adaptation is also needed to identify appropriate solutions to the effects of climate change and taking the best possible measures to prevent or reduce the damage that they may cause, as well as to identify the appropriate measures to achieve the objectives. EU strategy on adaptation to climate change has the role of supporting funding and research for the development of national strategies in the Member States, but also other actions related to EU policies.
2010
Global warming is a global problem and only global action can be effective. A post-2012 global agreement is needed between all major polluters after the Kyoto Protocol expires. A global agreement is necessary for the business community in terms of investments and technological innovations. The EU should make clear its continuing commitment to winning the battle against global climate change and to honouring its existing commitments. The EU should show its determination to take on deeper and longer term reductions in its greenhouse gas emissions in the context of an international agreement on a future strategy post-2012 which will deliver global reductions commensurate with the 2°C target. The EU will continue to play a leading role in the multilateral approach to climate change, but wider participation on the basis of common but differentiated responsibilities is urgently required. Moreover, policies to tackle climate change must be consistent with and contribute towards other important objectives (e.g. poverty reduction), accommodating the rather diverse conditions of current and future major emitters.
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