European Climate Law - New legal revolution towards climate neutrality in the EU.
Abstract
European Climate Law (EU Climate Law) shall become a critical element of future EU regulations and law-making process based on the Green Deal (EU climate and energy strategy) which is the result of the COP21 and Paris Agreement undersigned during the conference of United Nations by its worldwide members. With the actual climate challenges, the EU wishes to keep the leader's role and trend in terms of radical decrease of GHG emissions.
Especially for that reason, a new regulatory framework was prepared with a comprehensive overawe of various EU policies. As a result of those expectations, the European Commission has prepared EU Climate Law endorsed by a strong political signal from the European Parliament and Council with its declaratory conclusions.
This new legal act with its formula refers to many legal acts and EU policies such as “Fit for 55%” package , and many other energy-and climate related laws. It developed into an essential signal towards the EU Member States to keep comprehensive policies and plans towards climate neutrality. It should be underlined that this act will be a new opener towards upcoming legislative packages and potential financial instruments to come. Occasionally, EU policymakers use a controversial nomenclature defining Regulation as a “Climate Treaty” to emphasize the act’s significance and special regulatory status.
The aim of the article is to present and clarify the background of the law-making process of the EU Climate Law and undercover the ongoing wave of the EU policies transformation towards net zero economy as well as to underline its importance for the future generations.
Keywords:
EU Climate Law, Green Deal, Climate Change, Green Transition, fit for 55%, climate neutrality , net zero emission economy.References
https://europeanclimate.org/wp-content/uploads/2020/02/04-02-2020-climate-laws-in-europe-full-report.pdf.
https://www.europarl.europa.eu/RegData/etudes/BRIE/2020/659370/EPRS_BRI(2020)659370_EN.pdfPress.
https://unfccc.int/process-and-meetings/the-paris-agreement/the-paris-agreement
https://unfccc.int/sites/default/files/english_paris_agreement.pdf
https://unfccc.int/process-and-meetings/conferences/past-conferences/paris-climate-change-conference-november-2015/paris-climate-change-conference-november-2015 https://www.europarl.europa.eu/legislative-train/theme-a-european-green-deal/package-fit-for-55.
https://unfccc.int/resource/docs/publications/08_unfccc_kp_ref_manual.pdf
https://www.ecologic.eu/15657.
Legal acts
Consolidated version of the Treaty on the functioning of the European Union OJ EU C 326/4.
Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance).
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2019/631 as regards strengthening the CO2 emission performance standards for new passenger cars and new light commercial vehicles in line with the Union’s increased climate ambition. COM(2021) 556 final 2021/0197 (COD).
Proposal for a Regulation of the European Parliament and of the Council on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU of the European Parliament and of the Council. COM(2021) 559 final 2021/0223 (COD).
Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport. COM(2021) 561 final 2021/0205 (COD).
Proposal for a Regulation of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC. COM(2021) 562 final 2021/0210 (COD).
Proposal for a Regulation of the European Parliament and the Council establishing the Just Transition Fund, COM (2020) 22 final.
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement. COM(2021) 555 final 2021/0200 (COD).
Proposal for a Regulation of the European Parliament and of the Council establishing a carbon border adjustment mechanism. COM(2021) 564 final 2021/0214 (COD).
Directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757. COM(2021) 551 final 2021/0211 (COD).
Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652. COM(2021) 557 final 2021/0218 (COD).
Proposal for a Directive of the European Parliament and of the Council on energy efficiency (recast). COM(2021) 558 final 2021/0203 (COD).
Proposal for a council directive restructuring the Union framework for the taxation of energy products and electricity (recast). COM(2021) 563 final 2021/0213 (CNS).
Position of the Parliament adopted at first reading on 24 June 2021 with a view to the adoption of Regulation (EU) 2021/... of the European Parliament and of the Council establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (EP-PE_TC1-COD(2020)0036)/Consolidated version.
Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and Committee of the Regions The European Green Deal COM(2019)640 final.
Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and Committee of the Regions on Sustainable Europe Investment Plan European Green Deal Investment Plan,COM(2020) 21 final.
European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)).
Conclusions European Council 12 December 2019 EUCO 29/19.
Revision of the Regulation on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry. COM(2021) 554 final 2021/0201 (COD).
Opinion AG Kokott in Case C-444/15, Associazione Italia Nostra Onlus, EU:C:2016:665, point 25.
Bibliography
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Rajavuori Mikko, The Role of Non-State Actors in Climate Law, Debating Climate Law. Cambridge University Press 2021.
Rusche Tim Maxian, The European climate change program: An evaluation of stakeholder involvement and policy achievements, Energy Policy, 2010, volume 38, issue 10, October 2010.
Siddi Marco, The European Green Deal Assessing its current state and future implementation, May 2020.
Sikora Alicja, European Green Deal – legal and financial challenges of the climate change,
ERA Forum Journal of the Academy of European Law, Volume 22, Issue 2, June 2021.
Skjærseth Jon Birger, Towards a European Green Deal: The evolution of EU climate and energy policy mixes, International Environmental Agreements: Politics, Law and Economics, Springer, vol. 21(1), March 2021.
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