The Liberalisation of the Power Industry in the European Union and its Impact on Climate Change - A Legal Analysis of the Internal Market in Electricity

Author(s):  
Joëlle de Sépibus

Climate Law ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 157-175
Author(s):  
Christoph Schwarte

Abstract The European Union has long sought to play a leadership role in the international response to climate change. As part of the “European Green Deal”, it announced new wide-ranging plans to step up its ambition, and in December 2020 updated its mitigation target under the Paris Agreement to an at-least 55 per cent reduction by 2030 compared to the 1990 level. In this article, I provide a legal analysis of the new EU climate change policy as outlined in the European Commission’s Stepping Up Europe’s 2030 Climate Ambition (September 2020) in light of the Paris Agreement itself and other norms of international environmental law. I find that the European Union provides a degree of leadership in the implementation of the Paris Agreement, but that there are also areas of concern, in particular the missing notification of member states’ individual emission levels as part of a joint ndc under Article 4 of the Paris Agreement.



2016 ◽  
Vol 5 (1) ◽  
pp. 21-26 ◽  
Author(s):  
Jarmila Lazíková

Abstract Consumer protection is a dominant policy of the EU. Despite this fact, the article 169 of the Treaty on Functioning of the European Union does not enable to adopt the binding legal laws on consumer protection per se. The binding legal laws could be adopted only within the context of other politics and activities on the internal market of the EU. The paper addresses the consumer policy and its status in the EU law by the historical development and legal analysis of the article 169 of the Treaty, secondary law development of consumer protection, jurisprudence, and judicature of the Court of the Justice of the EU.



2020 ◽  
Vol 24 (2) ◽  
pp. 335-352 ◽  
Author(s):  
Elena P. Ermakova

The article is devoted to the analysis of the legal regulation of green financing in the European Union, China and Russia. It has been substantiated that a harmonious and completed system of regulatory regulation of green financing has not yet developed either in the PRC or the EU. In this regard, a comparative analysis of the above issues is of particular importance. The purpose of this article is to form an understanding of the legal framework for green finance in the European Union, China and Russia based on an analysis of regulatory acts and scientific sources. The following methods have been applied: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods employed in the work are legal-dogmatic and the method of interpretation of legal norms. Results: the study showed that green financing refers to financial transactions that support the transition to an economy with low carbon emissions and the fight against climate change. In recent years, China has been the leader in green financing, accounting for 28%, or $ 32 billion, of green bonds issued in 2018. Conclusions: In the PRC, the concept and foundations of the legal regulation of green finance are enshrined in the 2016 Guide to Creating a Green Financial System. The main elements included in the concept comprise: 1) pilot areas of green financing, 2) green loans, 3) green funds and public-private partnerships; 4) green securities; 5) green insurance; 6) environmental credit trading; 7) environ-mental risks. The European Union also strives to be a global leader in the fight against climate change. A number of EU regulations and directives regulate various aspects of green financing. On December 11, 2019, the European Commission introduced the European Green Deal, a new concept for economic growth aimed at making Europe the first climate neutral continent. The most ambitious draft of this program is the development of a pan-European climate law (climate code), a draft of which is due in March 2020. Russia is still lagging behind world leaders on the regulatory regulation of green financing, but the first steps in this direction have already been taken. The study was prepared with the financial support of the Russian Federal Property Fund in the framework of the scientific project No. 20-011-00270 "а" (Scientific adviser - E.E. Frolova).





2019 ◽  
Vol 67 ◽  
pp. 06026
Author(s):  
Oleksii Klok ◽  
Olha Loseva ◽  
Oleksandr Ponomarenko

The article studies theoretical and methodological bases of the strategic management of the development of administrative territories, considers the essence of strategic management and formulates the advantages of using it in management of administrative territory. Based on the analysis of the key provisions of the EU regional policy, the strategy of “smart specialization” is considered as the most common approach to territorial development. Using the experience of the countries of the European Union as a basis, a BPMN diagram, describing the conceptual bases for the formation of a competitive territory strategy, was built. Practical approaches to the formation of strategies for the development of administrative territories operating in Ukraine, regulatory acts, in particular, that had a direct impact on the formation of the existing model of strategic territorial management, were analyzed. The main requirements to the content of the strategic plan were considered and the list of key provisions and analytical methods (socio-economic analysis, comparative analysis, SWOT-analysis, PESTLE-analysis, sociological analysis) was formulated. Using the comparative legal analysis of the experience of the European Union as a basis, a number of features can be highlighted that must be taken into account in the process of forming the administrative territory development strategy.



Energies ◽  
2021 ◽  
Vol 14 (14) ◽  
pp. 4148
Author(s):  
Estrella Trincado ◽  
Antonio Sánchez-Bayón ◽  
José María Vindel

After the Great Recession of 2008, there was a strong commitment from several international institutions and forums to improve wellbeing economics, with a switch towards satisfaction and sustainability in people–planet–profit relations. The initiative of the European Union is the Green Deal, which is similar to the UN SGD agenda for Horizon 2030. It is the common political economy plan for the Multiannual Financial Framework, 2021–2027. This project intends, at the same time, to stop climate change and to promote the people’s wellness within healthy organizations and smart cities with access to cheap and clean energy. However, there is a risk for the success of this aim: the Jevons paradox. In this paper, we make a thorough revision of the literature on the Jevons Paradox, which implies that energy efficiency leads to higher levels of consumption of energy and to a bigger hazard of climate change and environmental degradation.



Energies ◽  
2021 ◽  
Vol 14 (5) ◽  
pp. 1347
Author(s):  
Kyriakos Maniatis ◽  
David Chiaramonti ◽  
Eric van den Heuvel

The present work considers the dramatic changes the COVID-19 pandemic has brought to the global economy, with particular emphasis on energy. Focusing on the European Union, the article discusses the opportunities policy makers can implement to reduce the climate impacts and achieve the Paris Agreement 2050 targets. The analysis specifically looks at the fossil fuels industry and the future of the fossil sector post COVID-19 pandemic. The analysis first revises the fossil fuel sector, and then considers the need for a shift of the global climate change policy from promoting the deployment of renewable energy sources to curtailing the use of fossil fuels. This will be a change to the current global approach, from a relative passive one to a strategically dynamic and proactive one. Such a curtailment should be based on actual volumes of fossil fuels used and not on percentages. Finally, conclusions are preliminary applied to the European Union policies for net zero by 2050 based on a two-fold strategy: continuing and reinforcing the implementation of the Renewable Energy Directive to 2035, while adopting a new directive for fixed and over time increasing curtailment of fossils as of 2025 until 2050.



2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Tetiana Kondratiuk ◽  
Iryna Novoselska ◽  
Oksana Palelulko ◽  
Olena Shevchenko ◽  
Oksana Tsiupa

The article aims to carry out an economic and legal analysis of the main measures of social protection of the population of Ukraine in the context of the pandemic COVID-19. To achieve this goal it was: analyzed the concept of social protection and identify its tools; identified key regulations that determine the features of social protection in a pandemic COVID-19, compared the means of social protection of the Member States of the European Union; formulated concrete and substantiated proposals for improving the level of social protection of the population in the context of the COVID–19 pandemic.



2021 ◽  
Author(s):  
Isabell Böhm

Climate change litigation is becoming increasingly important. This thesis deals with the question whether state liability claims against Germany or the EU can be justified, if commitments to reduce greenhouse gas emissions are not met. For this purpose, the claim under public liability according to § 839 German Civil Code in connection with Art. 34 German Basic Law, the liability of the EU-Member States and the liability of the European Union according to Art. 340 II TFEU are discussed. At the end of the thesis, considerations on the practical perspectives of state liability are made in order to improve their prospects of success.



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