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Article 192(1) TFEU vs Article 192(2) TFEU

In: Including Consumption in Emissions Trading

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Abstract

Chapter 4 identifies the decision-making procedure and the voting pattern in the Council for consumption-based charged as Article 192 TFEU provides for two legislative producers: Environmental policy can either be adopted according to the ordinary legislative procedure and majority voting in the Council (Article 192(1) TFEU). Besides, environmental measures can be adopted with a special legislative procedure and unanimity voting in the Council for ‘provisions primarily of a fiscal nature’ (Article 192(2)(a) TFEU). The following argues that the inclusion of consumption into emissions trading through a consumption-based charge does not qualify as ‘primarily fiscal in nature’. Consequently, it can be implemented with majority voting in the Council under Article 192(1) TFEU.

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  • ., 2021. "Article 192(1) TFEU vs Article 192(2) TFEU," Chapters, in: Including Consumption in Emissions Trading, chapter 5, pages 96-117, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20248_5
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    Cited by:

    1. Elena-Aura GRIGORESCU & Dimitrie-Daniel PLACINTA & Florin-Valeriu PANTELIMON & Bogdan-Stefan POSEDARU & Andrei BOBOCEA & Corina-Marina MIREA, 2022. "A Brief Inquiry into the Evolution of Inflation during the Fall of Communism, Global Financial Crisis (2008-2009) and COVID-19 Pandemic," Informatica Economica, Academy of Economic Studies - Bucharest, Romania, vol. 26(3), pages 26-36.
    2. Moriarty, Frank & Larkin, James & Fahey, Tom, 2021. "Payments reported by the pharmaceutical industry in Ireland from 2015 to 2019: An observational study," Health Policy, Elsevier, vol. 125(10), pages 1297-1304.

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