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Title: Cooperation Between Institutions of the European Union and Its Member States in the Creation of Climate Protection Policy
Authors: Świat, Piotr
Bukowska, Joanna
Keywords: Climate protection policy; conclusions of the European Council; conferred competences; the European emission allowance trading system (EU-ETS); institutional triangle; pre-emption effect; shared competences
Issue Date: 2019
Publisher: Wydawnictwo KUL
Citation: "Review of European and Comparative Law" 2019, T. 38, nr 3, s. 33-60
Abstract: The climate policy is a complex area of cooperation between Member States and the European Union institutions. The ambitious goals that the EU sets for itself in this matter are not always possible to be met by all Member States, hence the ability to work out compromise solutions is of great importance. Member States have various internal conditions, which determine the objectives of their economic and energy policies, therefore they do not always have convergent interests in this area. The decision-making centre where the EU climate protection policy is created is: the European Council, where key elements of this policy are agreed (such as reduction targets), and the so called an ‘institutional triangle’, i.e. the EU Council, European Parliament and European Commission which are directly involved in the legislative process. This configuration is a platform where cooperation of the Member States manifests itself in various forms and intensity and where those countries may attempt to force their interests in the process of creating the EU policy. The article presents the legal bases of the European Union’s competences in the field of the climate policy and the role of the EU institutions in its creation with particular focus on mechanisms that allow Member States to influence the shape of that policy.
ISSN: 2545-384X (eISSN)
Appears in Collections:Review of European and Comparative Law, 2019, Vol. 38, No 3

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