UK Power Sector Challenge to National Allocation Plan under the European Union Emissions Trading Scheme Refused by the European Court of Justice

2008 ◽  
Vol 10 (4) ◽  
pp. 319-326
Author(s):  
Peter Doran
Keyword(s):  
European Union ◽  
Emissions Trading ◽  
European Court Of Justice ◽  
The European Union ◽  
Power Sector ◽  
Court Of Justice ◽  
European Court ◽  
Emissions Trading Scheme ◽  
Trading Scheme

Hot Air and Hot Heads: An Examination of the Legal Arguments Surrounding the Extension of the European Union's Emissions Trading Scheme to Aviation

2012 ◽  
Vol 3 (1) ◽  
pp. 163-188
Author(s):  
Steven M. DEJONG
Keyword(s):  
European Union ◽  
Carbon Emissions ◽  
Emissions Trading ◽  
The European Union ◽  
Political Will ◽  
Hot Air ◽  
Court Of Justice ◽  
Emissions Trading Scheme ◽  
Legal Arguments ◽  
Trading Scheme

The issue of carbon emissions in international aviation has proven difficult to deal with from a regulatory standpoint. Issues of a transnational character are regulated through co-operation and compromise, but there has been a lack of political will to achieve the necessary co-operation and compromise to deal effectively with carbon emissions in international aviation. The European Union is now trying to push for development in the regulatory sphere through the unilateral extension of its Emissions Trading Scheme to international aviation. This unilateral extension conflicts with international air law, but has recently been declared valid by the Court of Justice of the European Union in Case C-366/10. This article focuses on the legal arguments raised in that case, concluding that the judgment delivered by the Court is legally questionable, but may nonetheless prove constructive, as a political instrument, in the delivery of an international solution to the regulation of aviation emissions.

scholarly journals Commentary on European Court of Justice judgement of 19 January 2017 in case C-460/15 Schaefer Kalk GmbH & Co. KG v Bundesrepublik Deutschland

2018 ◽  
Vol 29 (2) ◽  
pp. 25-30
Author(s):  
Przemysław Siwior ◽  
Joanna Bukowska
Keyword(s):  
Emissions Trading ◽  
European Court Of Justice ◽  
Precipitated Calcium Carbonate ◽  
Bundesrepublik Deutschland ◽  
Court Of Justice ◽  
European Court ◽  
Emissions Trading Scheme ◽  
Commission Regulation ◽  
Trading Scheme ◽  
The Eu

Abstract The aim of this article is to discuss the following judgement of the European Court of Justice in case C-460/15 Schaefer Kalk GmbH & Co. KG v Bundesrepublik Deutschland concerning the EU Emissions Trading Scheme (EU ETS): ‘The second sentence of Article 49(1) of Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and point 10(B) of Annex IV to that regulation are invalid in so far as they systematically include the carbon dioxide (CO2) transferred to another installation for the production of precipitated calcium carbonate in the emissions of the lime combustion installation, regardless of whether or not that CO2 is released into the atmosphere.’ [operative part of the judgment].

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

A Constitutional Court for Europe?

2004 ◽  
Vol 6 ◽  
pp. 1-34
Author(s):  
Anthony Arnull
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
European Council ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Order ◽  
Court Of Justice ◽  
European Court ◽  
The Future ◽  
Draft Constitution

The purpose of this article is to consider the effect of the draft Treaty establishing a Constitution for Europe on the European Court of Justice (ECJ). At the time of writing, the future of the draft Constitution is somewhat uncertain. Having been finalised by the Convention on the Future of Europe in the summer of 2003 and submitted to the then President of the European Council, it formed the basis for discussion at an intergovernmental conference (IGC) which opened in October 2003. Hopes that the text might be finalised by the end of the year were dashed when a meeting of the IGC in Brussels in December 2003 ended prematurely amid disagreement over the weighting of votes in the Council. However, it seems likely that a treaty equipping the European Union with a Constitution based on the Convention’s draft will in due course be adopted and that the provisions of the draft dealing with the ECJ will not be changed significantly. Even if either assumption proves misplaced, those provisions will remain of interest as reflecting one view of the position the ECJ might occupy in a constitutional order of the Union.

Trading Schemes, Risks, and Costs: The Cases of the European Union Emissions Trading Scheme and the Renewables Obligation

2008 ◽  
Vol 26 (5) ◽  
pp. 938-953 ◽  
Author(s):  
David Toke
Keyword(s):  
European Union ◽  
Environmental Governance ◽  
Emissions Trading ◽  
Command And Control ◽  
False Belief ◽  
The European Union ◽  
Governance Systems ◽  
Emissions Trading Scheme ◽  
Trading Scheme ◽  
And Control

The appropriateness and importance of market-based environmental governance systems vary according to different cases. Although so-called ‘market trading’ regimes can be useful in some circumstances, a false belief in the inevitability of their cost-effectiveness compared with so-called ‘command and control’ systems has allowed policy distortions to occur. So-called ‘command and control’ policies are being underemphasised, despite the fact that they may achieve reductions in carbon emissions that are cheaper than those likely to be achieved through emissions (or ‘certificate’) trading regimes. I address theoretical arguments which I then place in context with analysis of some features of the British Renewables Obligation and the European Union Emissions Trading Scheme.

6. The preliminary ruling (Article 267 TFEU)

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Reference Procedure ◽  
Procedural Law ◽  
Court Of Justice ◽  
European Court

This chapter examines the procedural law of the European Union (EU), focusing on Article 267 of the Treaty on the Functioning of the European Union (TFEU). It explains that Article 267 is the reference procedure by which courts in member states can endorse questions concerning EU law to the European Court of Justice (CoJ). Under this Article, the Court of Justice of the European Union (CJEU) has the jurisdiction to provide preliminary rulings on the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the Union and on the interpretation of the Treaties.

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