EU Energy Law: Insufficient for the 1.5-Degree Celsius Limit—The Examples of EU Emissions Trading and Hydrogen Policies

This article examines the extent to which the current EU climate protection law fulfils the 1.5-degree limit from Article 2 of the Paris Climate Agreement. To this end, a qualitative governance analysis is applied. On this methodological basis, the main instrument for fossil phasing-out—the emissions trading scheme—and the promotion of hydrogen are discussed as examples. The results show that the EU must further intensify its efforts on its territory and cooperate with other countries since the reformed ETS 1 and ETS 2, the SCF and the CBAM are not sufficiently effective to stay within the 1.5-degree limit of the Paris Agreement. This is also the case with regard to hydrogen policies. The primary focus of energy law on the ETS is therefore fundamentally convincing; however, it should be implemented more consistently, for example, in terms of the breadth of the approach, closing loopholes and the level of ambition.