Abstract
Climate policy is a complexed area of cooperation between Member States and European Union institutions. The ambitious goals that the EU sets for itself in this matter are not always possible to be met by all Member States, hence the ability to work out compromise solutions is of great importance. Member States have different internal conditions, which determine the objectives of their economic and energy policies, therefore they do not always have convergent interests in this area.
 The decision-making centre where EU climate protection policy is created is: the European Council, where key elements of this policy are agreed (such as reduction targets), and so-called an ‘institutional triangle’, i.e. EU Council, European Parliament and European Commission which are directly involved into the legislative process. This configurations is a platform where cooperation of the Member States manifests itself in various forms and intensity and where these countries may attempt to force their interests in the process of creating EU policy.
 The authors present the legal bases of the European Union's competences in the field of climate policy and the role of the EU institutions in its creation with particular focus on mechanisms that allow Member States to influence the shape of that policy.
Highlights
INTRODUCTIONThe leader’s position in tackling climate change, to which the European Union aspires, requires efficiency in negotiating ambitious international agreements and a strong commitment to build foundations for their implementation at the internal European level with the necessity to consider fairly different levels of development and divergent interests of 28 Member States
The leader’s position in tackling climate change, to which the European Union aspires, requires efficiency in negotiating ambitious international agreements and a strong commitment to build foundations for their implementation at the internal European level with the necessity to consider fairly different levels of development and divergent interests of 28 Member States.Those objectives have been framed in diverse timelines and action plans combining various targets and tools
Another area involves the effect of the European Union policy on the energy security of the Member States and the right to decide on the use of energy resources, as well as the principles on the basis of which emission allowances are allocated as part of the above-mentioned EU emission allowance trading system
Summary
The leader’s position in tackling climate change, to which the European Union aspires, requires efficiency in negotiating ambitious international agreements and a strong commitment to build foundations for their implementation at the internal European level with the necessity to consider fairly different levels of development and divergent interests of 28 Member States. The climate protection policy created by the EU is not an area of easy cooperation between the EU institutions and its Member States; quite on the contrary, in this regard, there are many areas where disputes arise One of such areas entails the long- and medium-term objectives which the EU has declared in respect of greenhouse gas emission reductions. Another area involves the effect of the European Union policy on the energy security of the Member States and the right to decide on the use of energy resources, as well as the principles on the basis of which emission allowances are allocated as part of the above-mentioned EU emission allowance trading system. The broad compromise concerning in these matters among Member States is difficult to achieve and certain measures are adopted despite an objection from some of them, while the failure to consider the reservations voiced by them sometimes causes the Member States to take legal action against the EU legislator
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