‘A healthy environment is essential to long term prosperity and quality of life and citizens in Europe demand a high level of environmental protection'. This quote from the European Commission and the introduction of the Sixth Environment Action Programme - 'Environment 2010: Our future, our choice'1 gives a strong legitimacy for the European Union (EU) to intervene into the protection of the environment. Since the beginning of the Environmental Policy in the 1970s the European Level had always been a key actor to diffuse and to promote environmental protection. It has spread since a real European Union Environmental Law and really shaped its role like the Guardian of this policy area. However Environmental Law at the EU level is binding or not, there has been over the last four decades a real effort by the European instruments to ensure environmental requirements inside the Community.
Though Environmental law can be considered as soft law, it is part of the EU membership (acquis communautaire). The question of the competence of the EU deserves a few explanations. Over the Treaties, the Community, and now the Union had gained substantially competences on a wide range of policies. The Treaty on the Functioning of the European Union (TFUE) or the Treaty of Lisbon distinguished three kinds of competences: Exclusive competence, Shared competences and supporting competences. Those numerous competences of the Union show obviously that incorporated environmental necessities can be as strategic as sources of conflicts.
[...] See for example this proposal 78 of the European Parliament and the use of protective measures for the solar industry to be protected from global competition published in the report of 2010 A new Energy Strategy for Europe 2011-2020 - European Parliament resolution of 25 November 2010 on towards a new Energy Strategy Europe 2011-2020 (2010/2108(INI)) 74 http://en.oboulo.com/ crosswords of its (environmental) integration and we should in order to respect the aims of the Union to fight for a debate about those issues. Maybe the biggest failure for the EU environmental law has not at first been marginalization by other sectors, but the global legitimacy crisis the Union has known since 20042005. Bibliography: BACHE Ian, GEORGE Stephen, BULMER Simon Politics in the European Union (Third edition) (2011) Oxford University Press BACHTLER John, MENDEZ Carlos (2007) 'Who Governs EU Cohesion Policy? Deconstructing the Reforms of the Structural Funds' Journal of Common Market Studies Volume 45. [...]
[...] Since the beginning of the Environmental Policy in the 1970s the European Level had always been a key actor to diffuse and to promote environmental protection. It has spread since a real European Union Environmental Law and really shaped its role like the Guardian of this policy area. However Environmental Law at the EU level is binding or not, there has been over the last four decades a real effort by the European instruments to ensure environmental requirements inside the Community. [...]
[...] Combining environment and economic instruments are also at the core of Directives 2003/87 and 2004/101 with the reduction of greenhouses cases and their costs52. Finally climate change hypothesis was also to contribute for the international role of the EU but yet as we saw with the Doha Conference in December 2012, it's seems that using the environment in international bargains is still a mirage. The EU hence with the article 11 of the TFUE, other regulations and political leadership hence really managed to push forward environmental requirements into some activities of the Union. [...]
[...] It seems that on this challenge European institutions are wishing to be groundbreaking and innovative to fight global change especially with a reshaping of the energy policy48. The Union is 6 committed with the 1997 Kyoto Protocol ratified by all member states and the Commission which over the decade 2000 really meant to be ambitious about CO2 Emissions. Yes was the year of the crisis, but also the year of the adoption of the most ambitious climate change package implemented so far in the world49. [...]
[...] According to Kramer, the European Environmental Agency (or EEA) often offers assessments with scientific proofs that agriculture has a negative impact on soil and waste, acidification, can attacked preservation of biodiversity, plummet good land and water use Redesigning the CAP is a remaining challenge in EU policies, and is advocated by the entire environmental sphere64. However 9 solutions exists, enterprising reforms missing is for impose organic or extensive cultures and payments reforms still does not indicate strong environmental behavior. Conceptualizing the CAP after 2013 seems to remain on those obstacles65. [...]
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