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European Commission v. Council for the European Union - opinion

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Australia approached the European Commission (the “Commission”) to negotiate linking the EU’s greenhouse gas emissions trading scheme with Australia’s emissions trading system. A formal recommendation authorizing the opening of negotiations with Australia was adopted by the Commission and forwarded to the Council for the EU (the “Council”). After Member States requested greater involvement in the negotiations with Australia, the Council approved negotiating directives which 1) required the Commission to “report in writing to the Council on the outcome of the negotiations after each negotiating session and, in any event, at least quarterly” and 2) laid out specific procedures for the negotiations, including allowing the Council or a special committee to establish detailed negotiating positions for the EU. The Commission brought an action to annul these sections of the negotiating directives on the basis that they exceeded the Council’s authority and encroached on the Commission’s power. The Advocate General issued an opinion finding that the Council is entitled to ask for regular reports on the negotiations process, but it may not unilaterally impose detailed procedures for the conduct of international negotiations. The Advocate General recommended that the Court annul the section of the negotiating directives requiring specific negotiating procedures. 

This separation of powers case arose from a decision of the EU Council relating to negotiations that the EU Commission would undertake with Australia regarding possible linkage of those jurisdictions’ emissions trading schemes. The Council’s May 2013 decision set out procedures for the negotiation, detailed negotiating positions, and designated the Council’s Working Party on the Environment to assist the Commission throughout the negotiation. The Commission challenged that decision on the grounds that it amounted to the Council assuming authority not granted by the controlling EU treaties, chiefly article 218(2)–(4) of the Treaty on the Functioning of the EU. The EU Parliament and a number of member governments intervened in the case—the Parliament in support of the Commission, most of the national governments in support of the Council. The Court, acknowledging that this was a case of first impression but also the latest in a series of disputes over the scope of authority available to EU bodies, substantially agreed with the Commission and ordered the annulment of several portions of the Council’s May 2013 decision, thereby giving the Commission a freer hand in conducting negotiations with Australia.

European Commission v. Council for the European Union

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

This sector involves the wholesale and retail selling of goods.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector involves activities to move goods and people, alongside the storage of products.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

European Commission v. Council for the European Union - opinion

Policy instrument

Risk

Just transition

Greenhouse gas

Economic sector

Finance