Norma art. 192(2)(c) TFUE jako podstawa prawna: skutki aktu prawnego i miks energetyczny państwa członkowskiego
Article 192(2)(c) TFEU as a Legal Basis: Consequences of a Legal Statute and Energy Mix of a Member State
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It is not an easy task to assess the application of Article 192(2)(c) TFEU as an appropriate legal basis for an EU measure in the field of environment which may affect a Member State’s energy mix; recently it has been confirmed in a judgment of the Court of Justice of the European Union issued in the case of Republic of Poland v European Parliament and Council of the European Union (C-5/16). In its ruling, the Court assessed the legal basis for a decision concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme, and in a skeptical and vague manner expressed an opinion about the possibility of considering impacts of a measure as an additional – next to its purpose and content – criterion for choosing the legal basis. The aim of this paper is to demonstrate, that impacts of a measure described in travaux préparatoires, may be considered as an objective and helpful criterion during the assessment of application of Article 192(2)(c) TFEU as a legal basis. The Court’s views expressed in the above-mentioned judgment were treated as a background for reaching this aim.
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