Publications

Publication:Document
 
Dr Ralph Bodle, Arne Riedel and Dr Stephan Sina from Ecologic Institute's Legal Team are among the authors of the comprehensive legal commentary on climate change law (BeckOK Klimarecht), which was published by C. H. Beck on their online platform in December 2024. The commentary is edited by Prof Ekkehard Hofmann and Dr Franziska Heß and is the first to cover climate-related laws and treaties at international, European and national level.

BeckOK Klimarecht

Legal commentaries on Climate Law

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Publication:Report
 
Cover page of the final report titled 'Rechtsgutachten zur Krisenfestigkeit des EU-ETS' (Legal Opinion on the Resilience of the EU-ETS). The report is part of the 'Climate Change 43/2024' series. Authors include Lina-Marie Dück and Madeleine Pumberger from the Ecologic Institute in Berlin, and Michael Jakob from Climate Transition Economics, Berlin. The report is published by the Umweltbundesamt (German Environment Agency), and the blue cover features the Umweltbundesamt logo at the bottom.
This report analyses the resilience of the European Emissions Trading System (EU ETS) and shows how global crises such as the COVID-19 pandemic or the war in Ukraine can affect its operation. In view of rising energy prices and economic uncertainties, it becomes clear that the EU ETS needs to improve its legal resilience to crisis situations. The report highlights necessary reforms to make emissions trading more resilient and effective in the future.

Rechtsgutachten zur Krisenfestigkeit des EU-ETS

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Publication:Book Section
 
Book cover titled 'Współczesne Wyzwania Prawa Ochrony Klimatu', edited by Maria Magdalena Kenig-Witkowska, Anna Barczak, and Marcin Stoczkiewicz. The cover has a simple design with a white background and a blue section at the bottom. The publisher's logo, Wolters Kluwer, is visible at the lower left corner.
As an output of the international academic conference "Towards the Polish Climate Protection Act" on 7 September 2022 in Szczecin, Wolters Kluwer Poland has published an edited volume entitled "Współczesne Wyzwania Prawa Ochony Klimatu" (Contemporary challenges of climate law). Dr. Stephan Sina, Senior Fellow at Ecologic Institute, contributed an English language essay on the German Federal Climate Change Act. He describes the development and main features of the Act, as well as its revision based on the decision of the Federal Constitutional Court on 24 March 2021. He also presents lessons learned and good practices, and addresses challenges.

The German Federal Climate Change Act

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Publication:Report
 
Cover of Ecologic institute's report "Analysis of the implementation of EU provisions for the clean energy transition in selected Member States"
This report assesses the implementation status and quality of a selection of 11 provisions from 4 EU laws in 6 EU countries (Austria, Bulgaria, France, Germany, Poland and Spain). These 4 EU laws are Directive (EU) 2019/944 on common rules for the internal market for electricity (DIR), Regulation (EU) 2019/943 on the internal market for electricity (REG), Directive (EU) 2018/2001 on the promotion of the use of energy from renewable resources (RED) and Regulation (EU) 2022/2577 laying down a framework to accelerate the deployment of renewable energy (ACC).

Analysis of the Implementation of EU Provisions for the Clean Energy Transition in Selected Member States

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Publication:Report
 
Cover of a publication titled 'Restrictions on the Use of Photovoltaic Electricity in Buildings'. The image shows solar panels on a balcony with lush plants in the background and a city skyline in the distance. In the top right corner is the logo of the Federal Institute for Research on Building, Urban Affairs and Spatial Development next to the title. The names of the authors are listed below: Katharina Umpfenbach, Lina-Marie Dück, Tobias Kelm, Felix Dengler, Ricarda Faber, and Michael Jakob.
To achieve the ambitious climate targets of the Federal Climate Change Act a rapid expansion of renewable energies, particularly wind and photovoltaics (PV), is crucial. In this context, achieving 215 GW of installed PV capacity by 2030 has become a specific target of the Renewable Energy Sources Act (EEG). This report deals with the central role that buildings play in meeting PV expansion targets, with the potential to cover up to 25% of EU electricity consumption through rooftop PV.

Restriktionen bei der Nutzung von Photovoltaik-Strom im Gebäudebereich

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Publication:Report
 
Revising soil protection law
This draft report compiles seven legal discussion papers that were produced as part of a research project for the Federal Environment Ministry on modernising soil protection law. The discussion papers serve as a technical basis for preparing a draft bill and address the challenges identified by the BMUV in an evaluation (white paper of March 2022). The discussion papers elaborate several options and explain their pros and cons. They are intended to stimulate a broader technical discussion on soil protection law.

Überarbeitung des Bodenschutzrechts – Diskussionspapier

Ergebnisse zu ausgewählten Rechtsfragen

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Publication:Podcast
 
Our planet is experiencing a biodiversity crisis. And the problem across the EU is also severe, with more than 80% of habitats in the EU now in a bad or poor conservation status. To reverse this alarming trend, the European Commission has proposed the Nature Restoration Law, which aims to restore at least 20% of EU land and sea by 2030, and all ecosystems in need of restoration by 2050.

Nature Restoration Law: Restoring Europe's ecosystems & protecting biodiversity

Tenth episode of the podcast "Green Deal – Big Deal?"

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Publication:Article
 
print and online cover of the journal "Klima und Recht"
The COP27 in Sharm El-Sheikh was intended by the Egyptian presidency to be an implementation summit. The key outcome agreed was a financing mechanism with a fund specifically for damage and loss. Apart from that, the substantive outcomes of COP27 were mostly disappointing. This article by Dr. Ralph Bodle, Arne Riedel and Dr. Camilla Bausch provides an overview of selected outcomes, as well as insights into the process and the assessment by German civil society.

Der Klimagipfel von Sharm El-Sheikh: Fortschritt und Stillstand

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Publication:Case Study
 
Cover of the case study on Germany "Species protection rules under the Birds and Habitats Directives: how effectively are they integrated into sectoral policies?"
The Ecologic Institute undertook a comprehensive country study for Germany focusing on the integration of species protection rules, specifically within agricultural sectors, under the Birds and Habitats Directives. Engaging with over 20 national and regional experts, the study probed the implications of Article 12 and 13 of the Habitats Directive (HD) and Article 5 of the Birds Directive (BD), focusing on how thoroughly the regulations are transposed into national law, to reveal what efforts are being made to provide information about them to farmers and enforce them and to evaluate assessment and authorisation procedures.

Species Protection Rules under the Birds and Habitats Directives – Agriculture: Country studies

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Publication:Article
 
Cover of the journal
Germany must reduce input of pollutants into water bodies, enable the development of near-natural water bodies, and restore and improve the continuity of water bodies to achieve the objectives of the Water Framework Directive in the future. The article highlights individual legal levers, especially in legal areas beyond water law, to tackle these tasks and to bring surface waters and groundwater to a good status, as required by the Directive, in the medium and long term.

Rechtliche Hebel zum Erreichen der Ziele der Wasserrahmenrichtlinie

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Publication:Article
 
screenshot first page
Preparations are currently underway for negotiations on a global plastics treaty. The treaty is intended to respond to the increasing plastic pollution, especially of the oceans, which requires international cooperation along the value chain and thus binding rules at the international level. The timetable for the negotiations is extremely ambitious, with a draft to be available as early as the end of 2024. In her editorial, Heidi Stockhaus highlights the global dimension of the problem and points to the responsibility of Germany and the EU to help the negotiation process succeed.

Verhandlungen zu einem globalen Plastikabkommen – Zeit Verantwortung zu übernehmen

Standpunkt

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Publication:Video
 
This info film shows in seven minutes how to use the Clearingstelle EEG|KWKG's database. How to make a request, what types of procedures there are and how a procedure is carried out at the Clearingstelle EEG|KWKG. The film was produced by Ecologic Institute.

Infofilm Clearingstelle EEG|KWKG

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Publication:Case Study
 
Cover of the case study Austria on "Species protection rules under the Birds and Habitats Directives: how effectively are they integrated into sectoral policies?"
The Ecologic Institute undertook comprehensive country studies for Germany and Austria focusing on the integration of species protection rules, specifically within the forestry sector, under the Birds and Habitats Directives. The country profiles are focusing on how thoroughly the regulations are transposed into national law, to reveal what efforts are being made to provide information about them to foresters and enforce them and to evaluate assessment and authorization procedures.

Species Protection Rules under the Birds and Habitats Directives – Forestry: Country studies

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Publication:Report
 
Cover of the publication "Datengovernance und -regulierung für ein nachhaltiges Berlin. Übergeordnete Erkenntnisse und Empfehlungen"
This paper describes important findings from the project "Data Governance and Regulation for a Sustainable Berlin" and formulates – in addition to the application field-specific papers – overarching recommendations.

Datengovernance und -regulierung für ein nachhaltiges Berlin

Übergeordnete Erkenntnisse und Empfehlungen

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Publication:Report
 
Cover of the final report "EU Single-Use Plastics Directive - analysis of provisions and potential measures regarding extended producer responsibility"
This final report assesses the Extended Producer Responsibility (EPR) provisions of the SUP-Directive with a view to its implementation in the Member States. The focus of this analysis lays on those aspects that represent novelties as compared to other EU legislation on EPR, and thus raise legal questions that have not been addressed before, especially regarding the cleaning up of litter from relevant SUP products.

EU Single-Use Plastics Directive

Analysis of provisions and potential measures regarding extended producer responsibility

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Publication:Article
 
Preview of an CCLR article on different devices
The German Federal Constitutional Court's decision of March 2021 declared the Climate Change Act partially unconstitutional because it did not sufficiently protect fundamental rights. While the Court upheld the Act's objective of climate neutrality by 2050 and emission budgets until 2030, it held that the Climate Change Act violated fundamental rights for the time after 2030: The specific emissions budgets until 2030 entailed that strict measures would likely be required after 2030 in order to achieve climate neutrality. The Climate Change Act failed to sufficiently address in advance how this would affect individual freedoms. Dr. Ralph Bodle and Dr. Stephan Sina provide an overview of the main findings of the decision as well as the ensuing amendments to the Climate Change Act, which were passed within just a few months after the decision and are subject to new constitutional challenges.

The German Federal Constitutional Court's Decision on the Climate Change Act

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Publication:Report
 
cover of the publication "Nachhaltige Datenregulierung für die Kreislaufwirtschaft in Berlin. Hintergründe und Policy-Empfehlungen"
This paper examines the concept of an "extended" digital product passport from a socio-ecological perspective using the example of batteries for electric vehicles. It evaluates different approaches to data regulation and formulates policy recommendations for decision makers in Berlin. It is based on preliminary work from the project, in which in particular three ideal types of data regulation and a methodology for their scenario-based evaluation were developed.

Nachhaltige Datenregulierung für die Kreislaufwirtschaft in Berlin

Hintergründe und Policy-Empfehlungen

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Publication:Article
 
Screen shot of the Article International Soil Governance
This introductory overview of international soil governance first outlines essential features of international governance by Dr. Ralph Bodle. At the international level, there is no overarching central or superior authority. Rules and other measures normally do not have direct effect at national level; they need to be implemented by their addressees. In contrast to other environmental topics, states have for a long time been reluctant to engage in soil governance at the international level. As a result, international soil governance is piecemeal and spread over parts of different institutions and processes, each of which has limitations. The Sustainable Development Goal “land degradation neutrality” on its own is not a comprehensive soil policy, but its forward-looking planning element in particular is a useful starting point for guiding national policies and further work. While binding rules are not an end in itself, new treaty obligations relating to soil protection could be useful to address gaps and shortcomings in current governance and focus international commitments. Climate change provides an opportunity to increase soil protection e.g. through the climate regime, but there are also risks if soil protection was pursued solely from a climate perspective.

International Soil Governance

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Publication:Podcast
 
This podcast of the European network of think tanks "Think Sustainable Europe" is discussing the main outcomes of the climate negotiations at COP26 in Glasgow. The climate conference and its outcomes were received with a range between careful optimism and disapppointment on the little progress. Following the invitation of the Institute for European Environmental Policy (IEEP), one of Ecologic Institute's climate negotiation experts, Arne Riedel, joined Michael Nicholson (IEEP) and Philip Glas (IISD) for the exchange.

COP26: Overview and Main Outcomes

A Think Sustainable Europe Podcast

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Publication:Document
 
Cover of the Publication ": Improving the Commission’s proposal to reform the Climate Action Regulation for Europe (CARE)"
On 14 July 2021, the Commission proposed amendments to the Regulation 2018/842 – currently called by many the "Effort Sharing Regulation". Covering more about 60 % of the EU greenhouse gas emissions, this regulation and its reform are an essential elements of the Fit for 55 package. As a contribution to this debate, a paper by Ecologic Institute presents amendments to the Commission's proposal. Amendments are in particular intended to help ensure that all EU climate policy instruments support achieving the EU's 2050 climate neutrality target and net negative emissions afterwards.

Fit for 2050: Improving the Commission's Proposal to Amend the Climate Action Regulation for Europe (CARE)

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Publication:Report
 
Report cover with image of fish, title, and logos of participating institutions
This research report studies the Asian perspectives on a global plastic pollution treaty against the background of a growing momentum for the establishment of a negotiation process during the second part of the fifth session of the UN Environment Assembly (UNEA-5.2) in February 2022. It identifies solutions already pursued by Asian countries to tackle marine plastic pollution, describes the challenges and needs expressed by government officials from the region, and discusses possible treaty elements taking into account experiences of countries in the Asian region.

A Global Treaty on Plastic Pollution

Perspectives from Asia

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Publication:Book
 
Publication's cover
Christiane Gerstetter, Senior Fellow in Ecologic Institute's Legal Team, examines in this book how the dispute settlement bodies of the World Trade Organization (WTO) have decided non-trade cases. These are cases in which national measures that serve non-trade objectives such as environmental and health protection are under judicial scrutiny.

Substance and Style

WTO judicial decision-making in 'trade and ...' cases

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Publication:Report
 
Cover of the Report "Options under International Law to Increase Resource Efficiency"
The study analyses how global governance processes and international law can contribute to reducing resource consumption and making the utilisation of resources more efficient and effective. The study provides a stocktake and assessment of existing international law and of non-legal and certain non-governmental instruments and processes related to resource efficiency of abiotic raw materials and gives an assessment of governance proposals in academic literature. Finally, specific policy options are identified.

Options under International Law to Increase Resource Efficiency

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Publication:Report
 
Cover Measuring Progress Towards Climate Neutrality Part II
Achieving climate neutrality requires structural changes to our economic system, with solutions that work across sectors. Ecologic Institute has developed an assessment matrix based on net zero indicators that can measure climate neutrality, and proposes ways to integrate this framework into existing EU policy processes.

Measuring Progress towards Climate Neutrality – Part II

Integrating indicators in EU governance processes

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Publication:Report
 
Cover of Part I of the Report 'Measuring Progress Towards Climate Neutrality'
Achieving climate neutrality requires structural changes to our society and economic system. Ecologic Institute and IDDRI developed an assessment framework based on eleven elements with indicators to measure the progress towards climate neutrality, and proposed ways to integrate this framework into existing EU policy processes.

Measuring Progress towards Climate Neutrality – Part I

Assessing structural change through net zero indicators

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Publication:Report
 
1st page of the summary report "Measuring progress towards climate neutrality" with logos, text and infographic
Achieving climate neutrality requires structural changes to our economic system, with solutions that work across sectors. Ecologic Institute has developed an assessment matrix based on net zero indicators that can measure climate neutrality, and proposes ways to integrate this framework into existing EU policy processes.

Measuring Progress towards Climate Neutrality

How net zero indicators can improve planning and reporting in EU climate policy

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Publication:Report
 
publication's cover
For Germany to reach its climate targets, new ways of thinking mobility are essential. For the federal state of Lower Saxony, the mobility transition is particular challenging due the important role cars play in the region. The report "Ways to Sustainable Mobility" (WenaMoNi) analyses in detail where Lower Saxony stands and proposes next steps. Ecologic Institute analysed the legal framework and identified key actors promoting electric and hydrogen-based mobility. Katharina Umpfenbach and Ricarda Faber compared the existing policy instruments to best practices in other countries and to recommendations from science. The analysis shows that a policy approach built on subsidies which has been favoured so far, must be supplemented by pricing instruments if climate targets are to be reached.

NeueWege – Wege zur nachhaltigen Mobilität in Niedersachsen

Expert Opinion

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Publication:Report
 
Cover "Potenziale anderer Rechtsbereiche zum Erreichen der Ziele der Wasserrahmenrichtlinie"
This study by Ecologic Institute analyses the potential of areas of law beyond the water law to achieve the objectives of the Water Framework Directive. Germany has so far failed to achieve the various objectives of the Water Framework Directive. According to the thesis on which the study is based, reason for this is not only the lack of financial, personnel and organisational prerequisites, but also the lack of integration of water protection concerns into other areas of law beyond water law. The study is available for download.

Potenziale anderer Rechtsbereiche zum Erreichen der Ziele der Wasserrahmenrichtlinie

Abschlussbericht

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Publication:Article
 
publication's 1st page
In the context of the European Green Deal, the introduction and design of border adjustment measures is currently subject to much controversy. Upon invitation to contribute to the series "Green Deal reloaded" by the Stiftung Genshagen and the Institut Montaigne, Dr. Camilla Bausch (Ecologic Institute) analyzes the opportunities and challenges provided by the proposed border adjustment mechanism.

Bridging Divides Over the Carbon Border Adjustment Mechanism

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Publication:Book Section
 
Cover of the publication International Yearbook of Soil Law and Policy
Based on a stocktake, we present options to improve international soil governance in the short, medium and long term. The stocktake includes existing international instruments and institutions that are relevant for soil protection and its governance at the international level. It assesses the actual and potential steering effect of, inter alia, the Desertification Convention, the Biodiversity Convention, the Paris Agreement and climate regime, regional treaties, FAO, UNEP, IPBES and IPCC.

The Future of International Soil Governance

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Publication:Report
 
Publication's cover
To assist provincial authorities in Vietnam with the preparation of air quality management plans, UfU and Ecologic Institute have developed a package of three publications with concrete activities and recommendations for immediate action.

Air Quality Management Action in Vietnamese Provinces and Cities

Toolbox for Immediate Action

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Publication:Report
 
Publication cover "Local Air Quality Management"
To assist provincial authorities in Vietnam with the preparation of air quality management plans, UfU and Ecologic Institute have developed a package of three publications with concrete activities and recommendations for immediate action.

Air Quality Management Action in Vietnamese Provinces and Cities

Local Air Quality Management – Manual for combined use with the AQMA-Table

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Publication:Document
 
Publication's first page
The Climate Action Regulation (CAR aka Effort Sharing Regulation) regulates 57 % of the EU's greenhouse gas emissions. Consequently, the EU cannot achieve its new climate targets without major contributions from the sectors regulated by the CAR. This makes reforming the CAR one of the EU's most important legislative processes in 2021. There are various ideas about how to turn the CAR into a strong driver for achieving the EU's climate targets. This Ecologic Institute paper discusses these ideas, and makes proposals for reform.

Climate Action Regulation 2.0

EU Framework for Making Non-ETS Sectors Climate Neutral

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Publication:Book Section
 
Cover of the publication "National Climate Change Acts"
National framework laws represent the most concrete form in which climate governance systems are being established. Globally, the number of such framework laws is growing, with the majority arising around the time of the adoption of the Paris Agreement or shortly thereafter – especially those that include a long-term time horizon (e.g., 2050). Even without a detailed empirical analysis, arguably there has been an evident 'Paris momentum' behind the spread of these national climate laws. In chapter 2 "‘Paris Compatible’ Climate Change Acts? National Framework Legislation in an International World" of the book "National Climate Change Acts. The Emergence, Form and Nature of National Framework Climate Legislation", Matthias Duwe and Dr. Ralph Bodle show how national climate policy is at least partly determined by obligations at the supranational level, in particular of the European Union (EU), and at the international level.

'Paris Compatible' Climate Change Acts?

National Framework Legislation in an International World

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Publication:Fact Sheet
 
Cover of the fact sheet "Fish Protection Targets in Europe"
This Fact Sheet provides an overview of the European legal basis for fish protection at hydraulic engineering structures. The fact sheet "Fish protection targets in Europe" is available for download.

Fish Protection Targets in Europe

Overview of the European legal basis for fish protection at hydraulic construction sites

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Publication:Report
 
This research report by Ecologic Institute identifies ways in which Germany can improve international soil governance in the short, medium and long term. It begins with an inventory of existing international instruments and institutions relevant to soil governance at the international level. It assesses the actual and potential steering effects of international treaties such as the Convention to Combat Desertification, the Convention on Biological Diversity, the Paris Agreement on Climate Change and the climate regime as well as regional agreements. It also analyses the activities of FAO, UNEP, IPBES and the activities of the IPCC.

Improving International Soil Governance

Analysis and recommendations

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Publication:Report
 
This report prepared by Valerie Fogleman with assistance of Ecologic Institute examines and analyses financial security for liabilities under the Environmental Liability Directive (ELD) in Member States in which it is voluntary and those in which it is mandatory (the Czech Republic, Ireland, Portugal, Slovakia and Spain). It focuses on insurance because the vast majority of Member States have not introduced mandatory financial security for ELD liabilities.

Improving Financial Security in the Context of the Environmental Liability Directive

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Publication:Report
 
The vade mecum on complaint-handling and citizen engagement delivers one of the nine actions in the European Commission's 2018 environmental compliance assurance action plan. It was prepared between May 2018 and May 2019 by Directorate-General Environment of the European Commission together with the Ecologic Institute and individual experts nominated by members of the Environmental Compliance and Governance Forum.

Environmental Compliance Assurance VADE MECUM

Complaint-handling and citizen engagement

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Publication:Article
 
To combat the Corona Crisis, states are pushing their limits. Nils Meyer-Ohlendorf argues in the Tagesspiegel that this should not happen in climate policy. There is no "what-ever-it-takes-response" to stop the advanced climate crisis but only swift and continuous action now.

Klimaschutz in der Corona-Krise verlangsamen?

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Publication:Document
 
Meyer-Ohlendorf, Nils 2020: A European Climate Law. Analysis of the European Commission proposal. Ecologic Institute: Berlin.

A European Climate Law

Analysis of the European Commission proposal

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Publication:Article
 
The EU Commission's proposal for an EU climate law marks important progress. It sets an unmistakable target for climate neutrality in the EU by 2050, writes Nils Meyer-Ohlendorf in the Tagesspiegel. Nevertheless, the proposal has five gaps that should be closed during the legislative process.

Fünf Lücken im EU-Klimaschutzgesetz

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Publication:Report
 
No two climate laws are the same, but an analysis of nine existing laws in Europe finds that most draw on a set of common design elements to streamline action, align policy goals, establish expert and public review mechanisms and monitor progress towards national climate goals. The assessment of the existing national legislation highlights good practices and also identifies several improvements to European climate governance that could be made via the pending EU climate law.

Climate Laws in Europe

Good Practices in Net-Zero Management

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Publication:Article
 
Dr. Stephan Sina, Senior Fellow at Ecologic Legal, has published an article on the Federal Climate Protection Act in the first edition of this year's Neue Zeitschrift für Verwaltungsrecht (NVwZ). The contribution is a joint effort by several authors, two of them officials at the Federal Ministry of the Environment, Nature Protection and Nuclear Safety (BMU) who have worked on the Climate Protection Act. The article presents the main elements of the new law and discusses its legal and practical impact. It can be obtained via the website of the NVwZ.

Das Bundes-Klimaschutzgesetz

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Publication:Article
 
Public opinion seems to have settled on the conviction that the climate crisis is Europe's latest political divide - after migration, the Euro and conflicts over the rule of law. But there is another story that needs to be told. Climate policies have always been contentious. They are bound to be. But contrary to the growing perception of climate policies as Europe's new political divide, climate is a policy field where Europe works together, writes Nils Meyer-Ohlendorf in the Tagesspiegel.

Klimapolitik trennt Europa nicht

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