The harmonisation between national legislation and european judicial norms case study: climate change

• Author: Gabriela Bologa - Judit Balint (Platon)
• Position: PhD Lecturer, AGORA University, Faculty of Law and Economics - Master Student, Oradea University
• Pages: 30-37

THE HARMONISATION BETWEEN NATIONAL LEGISLATION AND

EUROPEAN JUDICIAL NORMS CASE STUDY: CLIMATE CHANGE

Bologa Gabriela

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Balint (Platon) Judit

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Abstract

An essential condition needed to fulfill the commitments toward the European Union

is realizing a new type of economic growth. This growth, which is innovative, renewing and

protective towards both the environment and the individual, will be accompanied by the use

of clean technologies.

The aquis communautaire has over 450 environmental directives, rules an d decisions,

which constitute the horizontal legislation and the sectorial legislation in the area of

environmental protection. The horizontal legislation includes rules concerning transparency,

the spread of information, the process of decision-making, activity development and the

involvement of the civil society in environmental protection.

Key words: acquis communautaire, climate change, Kyoto Protocol, 20/20/20

legislative package.

Introduction

According to the Fourth Global Assessment Report of the Intergovernmental Panel on

Climate Change

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(2007), human activities contribute significantly to the rise of global levels

of greenhouse gas emissions in the atmosphere, causing changes in its composition and

heating up the planet. To fight climate change, on December 13, 2008, the European Council

approved the „Energy – Climate Change” legislative package, also called the 20/20/20

package, being adopted by the European Parliament’s plenary reunion of April 23, 2009. It

was then published in volume 52 of the European Union’s Official Journal, number L140 of

June 5, 2009.

This package contains a series of concrete actions and a set of objectives that must be

fulfilled by the year 2020, representing the EU’s firm commitment, and thus the commitment

of member states to fight climate change, preparing the transition towards a low carbon

(CO

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) emission economy.

Member states are to ensure that, by the mandated deadlines, they will have

harmonized national legislation with the articles of the legislative package.

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PhD Lecturer, AGORA University, Faculty of Law and Econo mics, gabi_fiat@yahoo.com

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Master Student, Oradea University, balint_judit@yahoo.com

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http://www.ipcc.ch/pdf/assessment-report/ar4/syr/ar4_syr.pdf