| CODE | ERL5009 | |||||||||
| TITLE | EU Energy, Environmental and Climate Change Law | |||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | |||||||||
| MQF LEVEL | 7 | |||||||||
| ECTS CREDITS | 20 | |||||||||
| DEPARTMENT | Environmental and Resources Law | |||||||||
| DESCRIPTION | This study-unit will address the following topics: - EU Secondary Horizontal Environmental Law - EU Tax Law - EU Competition and State Aid Law - EU Waste Law - EU Climate Change Law – Emissions Trading Scheme and Non-Emissions Trading Scheme - EU Climate Change Law on Adaptation - EU Law on Industrial Emissions - EU Regulation of Electricity and Gas - EU Water Law - EU Law on Renewable Energy - EU Energy Efficiency and CCS Law Study-unit Aims This study-unit forms part of three taught study units and 1 research study unit that make up the Master in Law in Energy, Environmental and Climate Change Law (MEECCL). This study-unit focuses on the European law component and is of an intensive level compatible with an Advanced LL.M. The study-unit will expose students to the basic principles of International law in the field of EU energy, environment and climate change law and introduce them to topical issues, providing them with the opportunity to apply the basic and emerging legal principles to current EU legal issues in these three sectors. The programme aims to deliver experts in the fields of EU energy, environmental law, climate change law as well as ensure that experts in the sector remain up to date. EU Energy law, environmental law and climate change law will be discussed within the context of legal practice, of academic research, as well as of societal importance. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (1) Learn about the strengths and weaknesses of the current legal framework concerned with energy, environmental and climate change law from an EU law perspective. (2) Comprehend key emerging legal and policy issues requiring an effective regulatory and institutional response and the political challenges to advance reform in EU energy, environmental and climate change law. (3) Undertake qualitative and quantitative independent research methods applicable in the administrative and legal dimension of EU energy, environmental and climate change law. (4) Apply the multidisciplinary and comparative approach to energy, environmental and climate change law under EU law. (5) Evaluate methods of current economic models, policy and legal tools in the realm of EU law. (6) Undertake political thinking, anthropological and social aspects affecting EU energy, environmental and climate change law. (7) Apply the knowledge and know-how, skill (both verbally and written), and the professional approach and intuition required in from sector-specific energy, environmental and climate change law, through to the impact EU economic business law on the three sectors. (8) Demonstrate an understanding of the core issues of the teaching modules, to use this knowledge as a foundation for research, and to retain that knowledge as a practical starting point for functioning in the professional world of EU energy, environmental and climate change lawyers. 2. Skills: By the end of the study-unit the student will be able to: (1) Develop the aforementioned key anchor points of legal resources in EU energy,environmental and climate change law. (2) Identify contemporary international scientific, socio economic, policy and legal issues relating to the areas under study. (3) Address underlying problems and learn from success stories in the governance of of energy, environmental and climate change law at the European Union regional level. (4) Apply legal instruments and management skills as tools for good governance of the areas under study within the European Union. (5) Apply thematic principles that aim at the negotiation/formulation of European Union regulatory instruments in the fields under study. (6) Apply the requisite and applicable legal framework in EU negotiation, decision making and dispute settlement. (7) Conduct legal analysis without avoiding the issues, and without merely re-packaging pre-existing knowledge. (8) Employ existing knowledge to further research and expertise through assimilation leading to innovation by being proactive rather than reactive. (9) Lead in a professional environment by employing expertise to further the strategic goals of his/her professional environment. (10) Appreciate the societal importance coinciding with the sectors concerned. Students who are successful and obtain this Masters degree will also be able to: (1) Synthesize the fundamental steps for a multi disciplinary approach in policy making and regulation of EU energy, environmental and climate change law. (2) Analyze the complexities of meeting stakeholders’ competing interests on a European union level level in the three sectors. (3) Evaluate the options that lead to successful international negotiations re the above. (4) Analyze the requirements for effective European Union conflict resolution and dispute settlement. Main Text/s and any supplementary readings A. BOOKS JANS, J., H., and VEDDER, H., H., B., European Environmental Law 3rd Edition (Groningen, Europa Law Publishing, 2008). Tudway, Robert H., Energy law and regulation in 1999 (Monograph) – General Editor the Euroepan Union. Legal Aspects of Carbon Trading – Editor :Freestone David and Streck Charlotte, Publication date 2010 and Print ISBN – 13 : 978-0-19-956593-1. EU energy law and policy yearbook 2011 : the priorities of the new commission / edited by Jean-Michel Glachant, Nicole Ahner and Adrien de Hauteclocque-Imprint Claeys & Casteels, 2011 – ISBN 978 9081690416. Energy law in Europe : national, EU, and international regulation / edited by, M. Roggenkamp . [et al.]. 2nd ed. Oxford U.P., 2007. cxxi, 1488 p – Shifts in compensation for environmental damage /Albert Verheij, Michael Faure (eds.) ; with contributions by Tom Vanden Borre. Compliance and enforcement in environmental law : toward more effective implementation / edited by LeRoy Paddock [et al.].Cheltenham, UK ; Northampton, MA : Edward Elgar, c2011. Deterrence, insurability, and compensation in environmental liability :future developments in the European Union /Michael Faure (ed.) ; with contributions by James Boyd ... [et al.]..[000250712]. Enforcement of European Union environmental law : legal issues and challenges /Martin Hedemann-Robinson. B. JOURNALS AND ARTICLES Review of European Community and International environmental law – Available from 1998 from EBSCO database. Journal of Environmental law – Available from 1996 from EBSCO database. (To note: Several databases are available from the website of the University’s website, whereby several articles can be obtained mainly in PDF format. Some of these databases include De Jure, the EU Legal database and Lexis Library.) C. WEBSITES OF Sources of EU Law Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union. (http://eur-lex.europa.eu/en/index.htm) Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators, OJ L 211/1. (http://eur-lex.europa.eu/en/index.htm) Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, OJ L 211/15. (http://eur-lex.europa.eu/en/index.htm) Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005, OJ L 211/36. (http://eur-lex.europa.eu/en/index.htm) Council Regulation (EU, Euratom) No 617/2010 of 24 June 2010 concerning the notification to the Commission of investment projects in energy infrastructure within the European Union and repealing Regulation No 736/96, OJ L 180/7. (http://eur-lex.europa.eu/en/index.htm) Regulation No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply and repealing Council Directive 2004/67/EC, OJ L 295/1. (http://eur-lex.europa.eu/en/index.htm) Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment, OJ L 33/22. (http://eur-lex.europa.eu/en/index.htm) Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC, OJ L 64/37. (http://eur-lex.europa.eu/en/index.htm) Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, OJ L 315/1. (http://eur-lex.europa.eu/en/index.htm) Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products, OJ L 153/1. (http://eur-lex.europa.eu/en/index.htm) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products, OJ L 285/10. (http://eur-lex.europa.eu/en/index.htm) Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008 on a Community energy-efficiency labelling programme for office equipment, OJ L 39/1. (http://eur-lex.europa.eu/en/index.htm) Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste, OJ L 199/48. (http://eur-lex.europa.eu/en/index.htm) Commission Regulation (Euratom) No 302/2005 of 8 February 2005 on the application of Euratom safeguards - Council/Commission statement, OJ L 54/1. (http://eur-lex.europa.eu/en/index.htm) Council Directive 2006/67/EC of 24 July 2006 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products, OJ L 217/209. (http://eur-lex.europa.eu/en/index.htm) Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (codified version), OJ L 24/8. (http://eur-lex.europa.eu/en/index.htm) Directive 2008/92/EC of the European Parliament and of the Council of 22 October 2008 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users, OJ L 298/9. (http://eur-lex.europa.eu/en/index.htm) Directive 2008/98/EC of 19 November 2008 on waste and repealing certain Directives, OJ L 312/3. (http://eur-lex.europa.eu/en/index.htm) Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC, OJ L 140/16. (http://eur-lex.europa.eu/en/index.htm) Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community, OJ L 140/63. (http://eur-lex.europa.eu/en/index.htm) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, OJ L 275/32. (http://eur-lex.europa.eu/en/index.htm) Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer Text with EEA relevance, OJ L 286/1. (http://eur-lex.europa.eu/en/index.htm) Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020, OJ L 140/136. (http://eur-lex.europa.eu/en/index.htm) Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006, OJ L 140/114. (http://eur-lex.europa.eu/en/index.htm) Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, OJ L 211/55. (http://eur-lex.europa.eu/en/index.htm) Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, OJ L 211/94. (http://eur-lex.europa.eu/en/index.htm) Council Directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (from 2012), OJ L 265/9. (http://eur-lex.europa.eu/en/index.htm) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-using products, OJ L 285/10. (http://eur-lex.europa.eu/en/index.htm) Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard products information of the consumption of energy and other resources by energy-related products, OJ L 153/1. (http://eur-lex.europa.eu/en/index.htm) Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings, OJ L 153/13. (http://eur-lex.europa.eu/en/index.htm) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, OJ L 312/3. (http://eur-lex.europa.eu/en/index.htm) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, OJ L 182/1. (http://eur-lex.europa.eu/en/index.htm) Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, OJ L 143/56. (http://eur-lex.europa.eu/en/index.htm) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, OJ L 20/7. (http://eur-lex.europa.eu/en/index.htm) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, OJ L 135/40. (http://eur-lex.europa.eu/en/index.htm) Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks, OJ L 288/27. (http://eur-lex.europa.eu/en/index.htm) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327/1. (http://eur-lex.europa.eu/en/index.htm) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ L 175/40. (http://eur-lex.europa.eu/en/index.htm) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC - Statement by the Commission, OJ L 156/17. (http://eur-lex.europa.eu/en/index.htm) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, OJ L 197/30. (http://eur-lex.europa.eu/en/index.htm) Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment, OJ L 158/56. (http://eur-lex.europa.eu/en/index.htm) Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the environment, OJ L 377/48. (http://eur-lex.europa.eu/en/index.htm) Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (Codified version), OJ L 24/8. (http://eur-lex.europa.eu/en/index.htm) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, OJ L 283/51. (http://eur-lex.europa.eu/en/index.htm) Community guidelines on State aid for environmental protection Text with EEA relevance, OJ C82/1. (http://eur-lex.europa.eu/en/index.htm) Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, OJ L 143/56. (http://eur-lex.europa.eu/en/index.htm) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, OJ L 396/. (http://eur-lex.europa.eu/en/index.htm) Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market, OJ L 123/1. (http://eur-lex.europa.eu/en/index.htm) Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, OJ L 10/13. (http://eur-lex.europa.eu/en/index.htm) Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance), OJ L 353/1. (http://eur-lex.europa.eu/en/index.htm) D. Policy documents Communication from the Commission of 17 November 2010 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Energy infrastructure priorities for 2020 and beyond – A Blueprint for an integrated European energy network, COM(2010)677. (http://eur-lex.europa.eu/en/index.htm) Communication from the Commission Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors (Final Report) COM(2006)851. (http://eur-lex.europa.eu/en/index.htm) Commission staff working document of impact assessment accompanying document to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Energy infrastructure priorities for 2020 and beyond – A Blueprint for an integrated European energy network, SEC(2010)1395. (http://eur-lex.europa.eu/en/index.htm) Communication from the Commission of 7 December 2010 to the European Parliament and the Council, The future Role of Regional Initiatives, COM(2010)721. (http://eur-lex.europa.eu/en/index.htm) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee of the Regions, A Resource-efficient Europe – Flagship initiative under the Europe 2020 Strategy, COM(2011)21. (http://eur-lex.europa.eu/en/index.htm) Communication from the Commission to the European Parliament and the Council of 31 January 2011, Renewable Energy: Progressing towards the 2020 target, COM(2011)31. (http://eur-lex.europa.eu/en/index.htm) Communication of the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions of 8 March 2011, Energy Efficiency Plan 2011, COM(2011)109. (http://eur-lex.europa.eu/en/index.htm) Commission staff working document of 8 March 2011, Impact Assessment, Accompanying document to the Communication of the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Energy Efficiency Plan 2011, SEC(2011)277. (http://eur-lex.europa.eu/en/index.htm) Communication from the Commission of 8 March 2011 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A Roadmap for moving to a competitive low carbon economy in 2050, COM(2011)112. (http://eur-lex.europa.eu/en/index.htm) Proposal for a COUNCIL DIRECTIVE on the management of spent fuel and radioactive waste, COM(2010)618. (http://eur-lex.europa.eu/en/index.htm) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Energy Roadmap 2050, COM(2011)885. (http://eur-lex.europa.eu/en/index.htm) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Renewable Energy: a major player in the European energy market, COM(2012)271. (http://eur-lex.europa.eu/en/index.htm) Commission staff working document Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Renewable Energy: a major player in the European energy market, SWD(2012)164. (http://eur-lex.europa.eu/en/index.htm) White paper - Adapting to climate change : towards a European framework for action COM(2009)147. (http://eur-lex.europa.eu/en/index.htm) Communication from the Commission — Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012, SWD(2012)130 final. (http://eur-lex.europa.eu/en/index.htm) |
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| ADDITIONAL NOTES | Co-Requisite Study-Units: ERL5008, ERL5010, ERL5011 | |||||||||
| STUDY-UNIT TYPE | Lecture | |||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Javier De Cendra De Larragan Bram Delvaux Zen Makuch |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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