Aspects of legal regulation of CO₂ emissions into the atmosphere: A European Union perspective

This article examines the legal regulation of CO₂ emissions in the European Union through a structured analysis of key legislative instruments and climate policy frameworks. Focusing on the emissions trading system, carbon capture, utilization and storage mechanisms, and sector-specific regulatory measures, the paper explores the effectiveness, consistency, and legal implications of recent developments. Drawing on academic research, strategic planning documents, and binding legal acts, the study highlights both the progress made and the limitations that remain within the current legal landscape. While the emissions trading system has demonstrated the potential to incentivise decarbonisation, questions persist regarding allocation fairness, transparency, and cross-border enforcement. In the field of carbon capture and utilisation, the lack of clear definitions and regulatory scope continues to generate uncertainty. Similarly, new legal instruments addressing the transport sector represent a step forward but also reveal tensions between legal ambition and technological readiness. The article concludes that further legal refinement is necessary to address fragmentation, improve coordination between legal layers and governance levels, and ensure alignment between long-term strategic goals and concrete legal obligations. Strengthening legal precision and coherence is essential to support the credibility and functionality of climate law across the European Union.

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Published
2025-01-01
DOI
https://doi.org/10.5937/imcsm25447r
Primary Topic
Climate Change Policy and Economics
Type
article
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article

Aspects of legal regulation of CO₂ emissions into the atmosphere: A European Union perspective

Evaldas Raistenskis, Ligita Gasparėnienė, Rita Remeikienė
Climate Change Policy and Economics
article

Aspects of legal regulation of CO₂ emissions into the atmosphere: A European Union perspective

Evaldas Raistenskis, Ligita Gasparėnienė, Rita Remeikienė
article en

Abstract

This article examines the legal regulation of CO₂ emissions in the European Union through a structured analysis of key legislative instruments and climate policy frameworks. Focusing on the emissions trading system, carbon capture, utilization and storage mechanisms, and sector-specific regulatory measures, the paper explores the effectiveness, consistency, and legal implications of recent developments. Drawing on academic research, strategic planning documents, and binding legal acts, the study highlights both the progress made and the limitations that remain within the current legal landscape. While the emissions trading system has demonstrated the potential to incentivise decarbonisation, questions persist regarding allocation fairness, transparency, and cross-border enforcement. In the field of carbon capture and utilisation, the lack of clear definitions and regulatory scope continues to generate uncertainty. Similarly, new legal instruments addressing the transport sector represent a step forward but also reveal tensions between legal ambition and technological readiness. The article concludes that further legal refinement is necessary to address fragmentation, improve coordination between legal layers and governance levels, and ensure alignment between long-term strategic goals and concrete legal obligations. Strengthening legal precision and coherence is essential to support the credibility and functionality of climate law across the European Union.

Vilnius University (LT), Vilnius University of Applied Sciences (LT)
Openalex Percentile: Top 84%
Climate Change Policy and Economics
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