Norma art. 192(2)(c) TFUE jako podstawa prawna: skutki aktu prawnego i miks energetyczny państwa członkowskiego

• Authors: Łuczak Konrad

Title variants

EN

Article 192(2)(c) TFEU as a Legal Basis: Consequences of a Legal Statute and Energy Mix of a Member State

• Languages of publication: PL

Abstracts

EN

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.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2019
• Issue: PL 1 (107)
• Pages: 35-54

Contributors

author

Łuczak Konrad

• Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie - Cardinal Stefan Wyszyński University in Warsaw