1.1 Assignment’s title
"To which extent is the European Union (EU) entitled to launch environmental
policies ? Please give examples."
1.2 Complication
The assignment should not simply be answered by proving the fact, that the
European Union (EU)2 is able to launch environmental policies. Instead one
should analyse the complex field of policy-making on the environment within the
EU.
Mainly two questions specify the scope of this analysis:
- What are the competencies of the EU within the field of environmental
policy and what is the legal basis for such competencies?
- With regard to the role of the Member States, in what ways do limits to EU's
policy on the environment exist?
1.3 Realization
First, in order to provide a basis for the analysis the forms of legislation
available to the EU, which are mentioned in this essay and the core legal basis
of EEP shall be outlined. The following analysis will illustrate in how far the EU or the Member States
respectively are responsible to determine environmental policy. In this context
past examples from policy-making on the environment shall support the
theoretical elucidation.
At the end a summary of the results produced by the preceding chapters and a
final answer to the question posed in the essay's title will be given.
2 The European Community (EC) as on of the three 'pillars' of the European Union (EU) is
responsible for policy on the environment.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Assignment's title
- Complication
- Realization
- Background of European policy-making on the environment
- Forms of legislation
- Legal basis for Community's policy on the environment
- Who takes action?
- Principle of subsidiarity
- The Community takes action
- The Member States take action
- Opting out of measures introduced under article 175 TEC
- Opting out of measures introduced under article 95 (1) TEC
- Opting out by using a safeguard clause
- No measures taken by the Community
- Community's exclusive competence
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay aims to analyze the complex field of policy-making on the environment within the European Union (EU). It examines the competencies of the EU in this area, the legal basis for these competencies, and the limits to EU environmental policy in relation to the role of Member States.
- EU's competencies in environmental policy
- Legal basis for EU's environmental policy
- Limits to EU's environmental policy
- Role of Member States in environmental policy-making
- Past examples of EU environmental policy-making
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the essay's topic, outlining the assignment's title and the key questions it addresses. It also briefly explains the approach taken in the analysis, emphasizing the need to explore both the EU's competencies and the limits to its environmental policy.
- Background of European policy-making on the environment: This chapter provides background information on the legal framework for environmental policy-making within the EU. It discusses the forms of legislation available to the EU institutions and the core legal basis for environmental policy in the European Community.
- Who takes action?: This chapter delves into the question of who is ultimately responsible for environmental policy: the EU or its Member States. It examines the principle of subsidiarity and explores different scenarios where either the EU or the Member States take action. The chapter further investigates various ways Member States can opt out of EU environmental measures.
Schlüsselwörter (Keywords)
This essay focuses on the EU's environmental policy, examining its competencies, legal basis, and the role of Member States in shaping this policy. Key concepts explored include the principle of subsidiarity, different forms of legislation, opt-out mechanisms for Member States, and examples of past environmental policy-making within the EU.
- Quote paper
- Johannes Hartmann (Author), 2002, To which extent is the EU entitled to launch environmental policies? Please give examples., Munich, GRIN Verlag, https://www.grin.com/document/19511
