The Principle of Subsidiarity and Its Impact on EU Environmental Law and Policy PDF Download
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Author: Nicolas Michel de Sadeleer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Since environmental policy is not vested exclusively in the EU, the principle of subsidiarity applies. It comes much more to the fore in the environmental field than in other policies such as the internal market. Indeed, environment policy entails constant cooperation between all institutional players. What is more, there are a number of good reasons supporting the view that EU environmental measures easily pass the hurdles of subsidiarity, including the member states' inability to solve environmental issues of a cross-border nature, such as ozone depletion and climate change. The horizontal dimension of the principle of subsidiarity must also be emphasized: as far as environmental issues are concerned, self-regulation and deregulation have been promoted thanks to the rhetoric of subsidiarity.
Author: Nicolas Michel de Sadeleer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Since environmental policy is not vested exclusively in the EU, the principle of subsidiarity applies. It comes much more to the fore in the environmental field than in other policies such as the internal market. Indeed, environment policy entails constant cooperation between all institutional players. What is more, there are a number of good reasons supporting the view that EU environmental measures easily pass the hurdles of subsidiarity, including the member states' inability to solve environmental issues of a cross-border nature, such as ozone depletion and climate change. The horizontal dimension of the principle of subsidiarity must also be emphasized: as far as environmental issues are concerned, self-regulation and deregulation have been promoted thanks to the rhetoric of subsidiarity.
Author: Josephine A. W. van Zeben
Publisher:
ISBN:
Category :
Languages : en
Pages : 50
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Book Description
Since the 1970s, the influence of the European Union in the area of environmental law and policy has steadily expanded, even though environmental policy continues to be a shared competence between the European Union and its Member States. As such, the allocation of competences between the European and national levels is governed by the principle of subsidiarity, which is aimed at maintaining a high level of decentralization. As it stands, subsidiarity is tested primarily, if not exclusively, against the presence of, or potential for, economic or environmental externalities of the regulated activity. Notwithstanding recent changes in the Lisbon Treaty to strengthen ex ante political control over the application of the subsidiarity principle, a rebuttable presumption in favor of an ever-increasing European role in environmental policy has developed.This Article aims to move beyond this rebuttable presumption by introducing additional criteria for competence allocation: heterogeneity of preferences and conditions between regulated jurisdictions and activities, and the potential for economies of scale and scope. In addition, a distinction is made between the different phases of the regulatory process -- specifically, norm setting, implementation, and enforcement -- also referred to as regulatory competences. By distinguishing between these stages of regulation, the relative importance of externalities, and the additional criteria mentioned above, each stage of regulation is explicated. Finally, this Article discusses the extent to which instrument choice can act as an alternative for the centralization or decentralization of competences. The potential of this complementary “competence allocation” approach to the interpretation of subsidiarity in European environmental law is illustrated by a case study of the European Union Emissions Trading Scheme.
Author: Ute Collier
Publisher:
ISBN:
Category : Environmental policy
Languages : en
Pages : 232
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Book Description
Author: Mar Campins Eritja
Publisher: Routledge
ISBN: 1000284638
Category : Law
Languages : en
Pages : 186
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Book Description
This book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
Author: Jonathan Golub
Publisher:
ISBN:
Category : EU
Languages : en
Pages : 40
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Book Description
This paper explores the connection between the subsidiarity principle and national sovereignty in the contexto fo EU environmental policy. In addition to providing an historical account of this connection, the pater suggests that subsidiarity represents a Janus-faced concept capable of either supporting or undermining the legitimacy of EU environmental policy. By developing explicit criteria by which to apply subsidiarity, a number of areas are identified in which existing EU auhority could be replace by exclusively national action or laws which granted states significantly more discretion over environmental decisionmaking. Examples are the presented where this shift of power back to the member sttes has already been proposed and in some cases already occurred, recasting the balance between national sovereignty and supranational environmental constraints. Throughout the analysis, particular attention is paid to the efforts of Britain, a primary antagonist in the debate, to preserve its sovereignty over environmental policy.
Author: Boris Sporea
Publisher:
ISBN:
Category : Environmental law
Languages : en
Pages : 92
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Book Description
Author: European Society for Environment and Development
Publisher: P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
ISBN:
Category : Law
Languages : en
Pages : 144
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Book Description
The Maastricht Treaty states that, on the basis of the subsidiarity principle, «the Community should not do what Member States can do». But how will it be applied to environmental matters? Will all EU legislation have to be deregulated? Can it be envisaged that only recommendations or guidelines will be issued? Will, in the end, the quality of the environment overall really benefit from this situation?
Author: Josephine van Zeben
Publisher: University of California Press
ISBN: 0520295226
Category : Law
Languages : en
Pages : 296
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Book Description
Written by two internationally respected scholars, this unique primer distills European Union environmental law and policy into a practical guide for a nonlegal audience, as well as for lawyers trained in other jurisdictions. The first part explains the basics of the European legal system, including key actors, types of laws, and regulatory instruments. The second part describes the EU’s overarching legal strategies for environmental management and delves into how the EU addresses the specific environmental issues of pollution, ecosystem management, and climate change. Chapters include summaries of key concepts and discussion questions, as well as informative "spotlights" offering brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to EU Environmental Law provides a long-overdue synthetic resource on EU environmental law for students and for anyone working in environmental policy or environmental science.
Author: Antonio Estella de Noriega
Publisher: Oxford University Press, USA
ISBN: 9780199242429
Category : Law
Languages : en
Pages : 210
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Book Description
The European Union principle of subsidiarity was introduced by the Maastricht Treaty and was the subject of a protocol in the Amsterdam Treaty. It was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. In the first book devoted to the subject the author analyses these constitutional reforms and the reluctance of the ECJ to implement them, and argues that the principle will not be able to perform this protective role effectively.
Author: Katarzyna Granat
Publisher: Bloomsbury Publishing
ISBN: 1509908692
Category : Law
Languages : en
Pages : 273
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Book Description
In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.
