Probleme ale transpunerii dreptului UE al climei în dreptul român
Problems of the Transposition of The EU Climate Law Into The Romanian Law

Author(s): Mircea M. Dutu-Buzura
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Universul Juridic
Keywords: Paris Agreement; EU Climate Law; Green Deal; European Climate Law; "Fit for 55"; Climate Neutrality; Climate Change; Environmental and Climate Law; Transposition into Romanian Law;
Summary/Abstract: Assumed as the new development strategy of the European Union, the Green Deal (2019) supposes for its implementation the adoption of a complex, innovative, legislative device, adapted to the new objectives of the "just and inclusive" energy and ecological transition. This involves the revision and completion of around 50 directives and regulations and the adoption of new ones, as well as the approval of new strategies and plans targeting over 50 key areas, with an important legal impact, both at the European level and in the internal law of the member states of the EU. Standing as around 40% of EU-European law and generating, through transposition, about 75-80% of the relevant internal law of the member countries, EU environmental and climate law determines through this reform substantial changes in terms of positive law and the legal concepts concerned. In this context, the main European legislative act is Regulation (EU) 2021/1119 of the European Parliament and of the Council of June 30, 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) no. 401/2009 and (EU) 2018/1999 ("European Climate Law"). Its transposition into domestic law, including in Romania, presents a series of particularities arising from its legal nature as a regulation and the specifics of the assumed objectives: in the mid term, the reduction of GHG emissions by 55% by 2030 and, eventually, the achievement of climate neutrality at the 2050 horizon. The latter having a collective character, the member states themselves determine the measures intended to contribute to its achievement. The delegated acts adopted by the EC in the application of the framework law will require specific legal reactions from the member countries. Finally, some recommendations (related, for example, to the establishment of a national advisory evaluation body) entail increased freedom of options. The transposition into domestic law of EU regulations on fighting climate change does not remain indifferent to the interactions assumed by the capacity of parties to the Paris Climate Agreement, both of the EU and of all 27 individual member states.

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