The EU ETS and the role of the courts: Emerging contours in the case of Arcelor

Climate Law ◽  
2011 ◽  
Vol 2 (1) ◽  
pp. 19-36 ◽  
Author(s):  
Marjan Peeters
Keyword(s):  
Case Law ◽  
Equal Treatment ◽  
Eu Ets ◽  
Specific Design ◽  
Valuable Contribution ◽  
Actual Case ◽  
Proper Design ◽  
Interesting Discussion ◽  
The Eu

This article presents an in-depth examination of how one of the EU’s courts has assessed a foundational claim against the EU ETS. It concerns the Arcelor case, in which a large steel company filed an application before the General Court of the EU requesting the partial annulment of the European legislation establishing the EU ETS and claiming damages. The industry lost the case, but the considerations of the court offer a valuable contribution to the much-needed broader discussion about the proper design of legislative frameworks for trading greenhouse gas emissions rights. In particular, the court provided an interesting discussion on the principle of equal treatment, the cancellation of allowances in the case of the closure of an installation, and the need for price regulation. However, some shortcomings in the court’s decision are evident. The article concludes by observing that, besides the interest in examining what the actual case law means for the specific design and application of emissions-trading schemes like the EU ETS, it is equally important to examine the ways in which courts succeed in assessing claims about this complicated regulatory instrument.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

The ‘puzzle’ of workers’ mobility in Italy

2020 ◽  
Vol 11 (1) ◽  
pp. 97-108
Author(s):  
Massimiliano Delfino
Keyword(s):  
European Union ◽  
Case Law ◽  
Political Agenda ◽  
The European Union ◽  
Transnational Mobility ◽  
Italian Case ◽  
Eu Directives ◽  
Italian Legislation ◽  
The Eu

In Italy, workers’ mobility is a very complicated puzzle that is composed of different pieces. This paper deals with such different pieces under the perspective of workers' mobility within the European Union and highlights that the term mobility is not a synonym of posting (of workers), since the latter term indicates only one of the types (although the most relevant) of workers’ mobility. The author starts with workers’ mobility within the national border and beyond the European Union. Then, he concentrates his attention on the Italian way of transposing the EU Directives on the transnational posting of workers, which is very problematic, especially with reference to the role of collective bargaining agreements. Special attention is dedicated to the issue of public policy where an important role is played by Italian case law, which is very interesting and not uniform. The paper ends with some predictions about the forthcoming Italian legislation concerning both national and transnational mobility, which will be possibly influenced by the domestic political agenda.

scholarly journals The role of the regulatory framework for innovation activities: the EU ETS and the German paper industry

2011 ◽  
Vol 11 (3/4) ◽  
pp. 250 ◽  
Author(s):  
Karoline S. Rogge ◽  
Joachim Schleich ◽  
Philipp Haussmann ◽  
Annette Roser ◽  
Felix Reitze
Keyword(s):  
Paper Industry ◽  
Regulatory Framework ◽  
Eu Ets ◽  
Innovation Activities ◽  
The Eu

The Court of Justice of the EU and the Common European Asylum System: Entering the Third Phase of Harmonisation?

2010 ◽  
Vol 12 ◽  
pp. 53-71
Author(s):  
Samuel Boutruche Zarevac
Keyword(s):  
Case Law ◽  
Third Party ◽  
Third Phase ◽  
Court Of Justice ◽  
Common European Asylum System ◽  
Special Expertise ◽  
The Common ◽  
Fundamental Values ◽  
The Eu

Abstract ‘That assessment of the extent of the risk [of persecution] must, in all cases, be carried out with vigilance and care, since what are at issue are issues relating to the integrity of the person and to individual liberties, issues which relate to the fundamental values of the Union.’ The case law of the Court of Justice of the EU concerning the Common European Asylum System (CEAS) is still limited. Nonetheless, even this limited case law already offers interesting insights into analysing the potential role of the Court of Justice of the EU in the development of the CEAS, and this jurisprudence is in any event likely to grow significantly, due to the fact that the provisions of the CEAS are the result of a political compromise and so lack clarity. This chapter examines the ruling delivered by the Court in the case of Elgafaji, which contains certain elements which address the interpretative difficulties raised by Article 15(c) of the Qualification Directive, and goes on to consider, through a discussion of the recent ruling in Abdulla, the extent to which the Court’s interpretation of those provisions of the CEAS which replicate the wording of the 1951 Convention will influence the interpretation of this international instrument, and the difficulties presented in this context. The extent of this influence remains to be seen, but it is clear in any event that the Court of Justice is likely to play a major role in the development of the CEAS. One amendment which may prove necessary is the modification of the Court of Justice’s procedural rules such that it can take into account the views of third-party organisations with a special expertise in this field.

The role of auctions and forward markets in the EU ETS: counterbalancing the cost-inefficiencies of combining generous allocation with a ban on banking

2005 ◽  
Vol 5 (1) ◽  
pp. 31-46 ◽  
Author(s):  
Karl-Martin Ehrhart ◽  
Christian Hoppe ◽  
Joachim Schleich ◽  
Stefan Seifert
Keyword(s):  
Eu Ets ◽  
Forward Markets ◽  
The Cost ◽  
The Eu

The Polluter Pays Principle in EU Climate Law: an Effective Tool before the Courts?

Climate Law ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 1-27
Author(s):  
Suzanne Kingston
Keyword(s):  
European Union ◽  
Legal Status ◽  
Potential Role ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Polluter Pays Principle ◽  
Energy Law ◽  
The Eu

In EU law the polluter pays principle (ppp) enjoys constitutional status: Article 191(2) of the Treaty on the Functioning of the European Union (tfeu) enshrines it among the fundamental principles of the EU’s environmental policy. This article considers the legal status and development of the ppp in EU law, in the case law of the Court of Justice of the European Union (cjeu) and in EU policy, most recently in the EU’s Green New Deal. It goes on to identify three bodies of climate-related litigation where the ppp has been most influential to date: first, cases concerning the EU ets and emissions; second, cases concerning EU energy law; and third, cases concerning EU state-aid law. The conclusion reflects on the potential role of the ppp in other areas, including climate cases based on human and environmental rights, and climate cases brought against private parties.

The role of EU-ETS Mechanism as Environmental Investment Promoter in Europe and Developing Countries

2014 ◽  
pp. 85-134
Author(s):  
Carlos Díaz Valdivia
Keyword(s):  
Developing Countries ◽  
Phase I ◽  
Interest Rates ◽  
Kyoto Protocol ◽  
Energy Prices ◽  
Eu Ets ◽  
Environmental Investment ◽  
The Impact ◽  
The Eu

This research attempts to provide a better understanding about the role of the European Union Emission Trading System (EU-ETS) as private environmental investment promoter. It explores the macroeconomic behavior of private environmental investments before and after the implementation of EU-ETS in 2005 until the end of Phase I of the mechanism. Also, private environmental investments are contrasted with variables like: economic growth, interest rates, and energy prices (gas and electricity) in order to quantify the impact of these on private environmental decisions and evaluate the level of impact (slow, moderate and strong) of all these variables together with the EU-ETS implementation on private environmentalinvestment decisions. For this purpose it is used a statistical approach through multiple linear regressions for the cases of Germany, Spain, France and The Netherlands and a single panel estimation with data information of all the countries mentioned. The results show that the signature of Kyoto Protocol in year 1997 -as a preamble of EU-ETS- provided a perverse incentive on private environmental investments until 2004. During Phase I (2005–2007) of the EU-ETS mechanism, private environmental investments showed an important positive recovery that was not enough to reach pre Kyoto Protocol levels. Finally, it is analyzed the investment in developing countries through CDM projects.

Stan cywilny osób homoseksualnych a zasada niedyskryminacji w orzecznictwie TSUE na tle odpowiedzi na pytanie prejudycjalne w sprawie c-267/12 – Frédéric Hay przeciw Credit Agricole mutuel de charente-maritime et des deux-sèvres

2015 ◽  
pp. 83-98
Author(s):  
Anna N. Schulz
Keyword(s):  
Case Law ◽  
Equal Treatment ◽  
Collective Agreement ◽  
Same Sex ◽  
Council Directive ◽  
Direct Discrimination ◽  
Civil Status ◽  
Sex Orientation ◽  
The Moment ◽  
The Eu

The text shows impact of the EU law on the internal legal order in question sat the edge of competences of the Members States, as matters of civil status stay beyond the exclusive competences of the EU. The ECJ develops previous case-law concerning relation between the non-discrimination rule and sex-orientation in the labor matters. In the light of the Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, the CJEU treated the French PACS concluded by a homosexual couple at the same way as a marriage in spite of the fact that the French legislation had highly differentiated both statuses at the moment when the facts of the case took place. The provisions of “the bank collective agreement, […] under which an employee who concludes a civil solidarity pact with a person of the same sex is not allowed to obtain the same benefits, such as days of special leave and a salary bonus, as those granted to employees on the occasion of their marriage, where the national rules of the Member State concerned do not allow persons of the same sex to marry” create a direct discrimination in the light of the Art.2(2)(a) of Directive2000/78/EC.

Application of EU Law on Equal Treatment in Poland. État de choses in 2020

2020 ◽  
Vol 66 (4) ◽  
pp. 483-495
Author(s):  
Marcin Górski
Keyword(s):  
Case Law ◽  
Administrative Law ◽  
Equal Treatment ◽  
Institutional Setting ◽  
Eu Law ◽  
Full Implementation ◽  
Penal Law ◽  
Practical Effect ◽  
Polish Law ◽  
The Eu

After more than sixteen years of Poland’s membership in the EU, Polish equality law is far from the principle of effectiveness. The institutional setting is weak and the case-law is mostly disappointing. Within the last five years, state authorities have made significant efforts to deprive anti-discrimination instruments of practical effect - which was infamously demonstrated by e.g. the so-called “LGBT-free zones”. This article explores major areas of equality law in Poland (e.g. the Labour Code, penal law, and administrative law) in order to analyse the case-law and the functioning of the institutional mechanisms. The conclusion is that in practice Polish law does not assure full implementation of EU equality law.

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