Climate Law in EU Member States
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Climate Law in EU Member States

Towards National Legislation for Climate Protection

Edited by Marjan Peeters, Mark Stallworthy and Javier de Cendra de Larragán

The complex and multifaceted nature of EU climate legislation poses a major challenge for EU member states. This timely book focuses on national climate action, addressing the regulatory responses required for the purposes of meeting greenhouse gas emissions reduction objectives for 2020 (and beyond).
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Chapter 2: Legal consequences of the Effort Sharing Decision for member state action

Marjan Peeters and Mark Stallworthy


This chapter addresses a key aspect of what has now become a major political shift within the EU, as climate change emerges as a pivotal element of policy integration. This has taken place in the face of continuing existential angst over issues of governance and legitimacy, even as the EU has continued to see growth in both range of policies and legal competences. The EU Emissions Trading Scheme (EU ETS) came about partly as an incident of wider geopolitical forces that drove EU and member state negotiators to seek to maximize the international acceptability of the Kyoto Protocol, being arguably ‘the main instrument for implementing and increasingly for saving’ that process. Indeed it has also been a trend-setter for EU-level intervention in climate law and policy. Further progression, under the Effort Sharing Decision (ESD), beyond a focus on the emissions trading instrument and the sources covered under the EU ETS and towards the other greenhouse gas emitting sectors, now offers a significant, broader-based ‘next step’ in the development of EU climate law and policy.

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