Economic and Legal Considerations
Chapter 5: Article 192(1) TFEU vs Article 192(2) TFEU
Chapter 4 identifies the decision-making procedure and the voting pattern in the Council for consumption-based charged as Article 192 TFEU provides for two legislative producers: Environmental policy can either be adopted according to the ordinary legislative procedure and majority voting in the Council (Article 192(1) TFEU). Besides, environmental measures can be adopted with a special legislative procedure and unanimity voting in the Council for ‘provisions primarily of a fiscal nature’ (Article 192(2)(a) TFEU). The following argues that the inclusion of consumption into emissions trading through a consumption-based charge does not qualify as ‘primarily fiscal in nature’. Consequently, it can be implemented with majority voting in the Council under Article 192(1) TFEU.
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