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Samenvatting Chapter X - Europees Recht 2de jaar rechtspraktijk
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Dit is het laatste hoofdstuk van de te kennen leerstof voor het vak Europees recht in module 2, 2de jaar Rechtspraktijk aan AP hogeschool.
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CHAPTER X. EU CLIMATE ACTION – THE ENVIRONMENTSinde note:
This chapter is, in comparision to the privious chapter on free movement of goods, majority based on EU
legislation instead of case law.
The environment is a shared competence between the union and the MS based on art. 4 TFEU.
The EU's environmental policies address a broad range of areas, including climate change, water quality,
biodiversity, and soil pollution. Article 191(1) TFEU outlines the objectives of these policies: protecting and
improving environmental quality, safeguarding human health, using natural resources prudently, and tackling
global and regional environmental challenges, especially climate change. Since the 1970s, EU legislation has
significantly advanced environmental protection across its Member States. The "European Green Deal", a key
strategy (no legal value) introduced by the European Commission, aims to make the EU the first climate-neutral
continent by 2050, described by Commission President Ursula von der Leyen in 2019 as Europe's "man on the
moon" moment.
EU environmental policies are guided by Environmental Action Programmes (EAPs), which establish medium-
and long-term goals and strategies. These programs are adopted under Article 192(3) TFEU. The latest, the 8th
EAP, was agreed upon in December 2021 and extends the EU's strategy to 2030 (Goal: at least 55% less net
greenhouse gas emissions by 2030, comparend to 1990 levels. How? → by building 3 billion additional trees). It
builds on the Green Deal and sets a legal framework for implementing climate and environmental legislation.
The primary objective is to transition to a climate-neutral, resource-efficient, clean, and circular economy while
aligning with the UN's Agenda 2030 and Sustainable Development Goals. There is also the Paris Agreement 2016
which says that every state that is a party (e.g. Belgium and the EU signed) to the agreement needs to have a
climate plan (taking more financial responsabilities).
Member States have committed to ensuring the EU leads on environmental protection globally and within the
Union. The EU uses various tools, such as market-based mechanisms like the Emissions Trading System (ETS),
which caps greenhouse gas emissions while allowing the trade of emission allowances. Internationally, the EU
champions environmental protection by joining numerous agreements on climate change, biodiversity, and
water conservation.
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