Environmental Law Lecture series
Welcome to the Environmental Law Lecture series! In this series, environmental law scholars will provide important insights into how EU environmental law helps to achieve a high level of environmental protection in the European Union and beyond.
To fall in love with the EU Emissions Trading instrument?
Opportunities and challenges of this core pillar of EU climate law
In the hearing for the European Parliament as designate commissioner, Wopke Hoekstra confessed to be in love with the EU greenhouse gas emissions trading instrument. He conveyed the view that it is the “crown jewel” and “working horse” of EU climate policies and law. While indeed economic theory paved the way for a positive appreciation of this marketbased regulatory instrument, legal research has identified opportunities but also challenges. This lecture will introduce the surprisingly simple theoretical design of the instrument, and the evolution and complexities of applying it in EU law, including the impressive number of court procedures. Focal points will be the contribution to climate neutrality by the gradual lowering of the allowed emissions, the increased obligation of emitters to pay and the spending of revenues by governments, and the expansion of the instrument to other emitters than industries. The lecture questions whether we can know whether emissions are reported trustworthily, and calls for more civil society attention for the instrument.
Watch it here on Youtube if you'd like to access the video transcript or jump chapters.
Key themes
- The EU Emissions Trading System (ETS): Marjan Peeters explores how the ETS is a cornerstone of EU climate law, implementing market-based mechanisms to cap and reduce greenhouse gas emissions across industries and aviation.
- Effectiveness and challenges of the ETS: The discussion focuses on the regulatory framework and reforms to the ETS, which aims to reduce emissions by 62% by 2030. Peters highlights the ongoing challenges, including the complexity of the system, enforcement issues, and compliance.
- Reforms under the European Green Deal: The ETS has been strengthened under the Green Deal, with increased ambition, broader scope (including aviation and maritime sectors), and the introduction of a second ETS for transport and housing.
- Litigation and enforcement: The lecture also discusses litigation trends, with many cases brought by industries challenging the scope and allocation of allowances, while environmental NGOs have been largely absent from ETS-related litigation.
Speaker
Prof. Marjan Peeters
Marjan Peeters holds the position of Professor of Environmental Policy and Law since April 2008. Marjan started in 1987 with studying environmental law. Since then, she has been focusing on understanding how a high level of environmental protection can be effectively and efficiently reached based on the rule of law and in the context of sustainable development. Core research attention goes to legal aspects of climate change, regulatory instruments for emission reduction, and the way how law deals with uncertain risks.
The latest books are the `Research Handbook on EU Environmental Law' (2020), co-edited with Mariolina Eliantonio, and `Climate Change Law' (2016), co-edited with Daniel A Farber. Since September 2022, Marjan has taken part in the Greendeal-NET project and has been the lead on this environmental law lecture series.
All publications by Marjan can be found here
Marjan leads the courses “European Environmental Law” (master) and “International Environmental Law” at Maastricht University. Marjan is a member of Maastricht Centre of European Law and of the Institute for Transnational Legal Research (Metro).
Lecture Series
This lecture is part of a series that runs from 2023 to 2024, providing students and scholars with core insights into the current state of EU environmental law and how it can be improved to achieve greater environmental protection. All lectures will be recorded and made accessible through YouTube, and the series is freely accessible to all.
If you'd like to know more about the other upcoming lectures:
This GreenDeal-Net lecture serie is hosted by MCEL, METRO and organised in cooperation with GLaw-Net and GreenDeal-NET. Maastricht University students will be eligible for certificates of attendance (see more information under the registration link).