The E.U. is a leader in international policy formation, and it is during global conventions that it thrusts its political power with large international entities. World leaders are aware of the Union’s power, and they must be keen to the possibility that Union policies will be pressed upon individual states.
The European Union is a mix of many components, including the right of members to partake in treaty drafting.581 Its authority has been developed by separate treaties that define and
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allocate power to the Union.582 It is important it note that member states remain independent with powers outside those enumerated within the E.U.
While sovereignty of the members is a prevailing concern, the E.U. has gained considerable power from the member states. This can be seen in the ECJ, where the court submits orders that are to be followed by all member states and even if it overrides decisions by the independent countries. The rationale behind this power of the ECJ, revolves around the need for a substantive norm of law to govern Europe in certain areas of concern.583 When a single judiciary governs multiple states, individuals residing in the many nations effectively become citizens of the larger body.
The Parliament is the legislative branch of the E.U., but it is striking to see that this body has very limited decision making powers.584 This organ cannot promulgate law, lacks the power of the purse, and it cannot elect representatives who can perform legislative duties.585 The limited power vested in this E.U. organ primarily rests in its veto powers. The reason for this limited authority is clear; member states are not willing to establish a central power that will be
authoritative over their domestic governments.586 The E.U.’s controlling votes remain entrenched in the several administrations that are comprised of officials from the member states. The format of voting allows for a minority of states to retain veto powers over matters that could affect the entire group.587
The fragmentation of control could pose a problem in addressing environmental crimes. The need to act quickly when an environmental crime occurs is almost always necessary. Having a system that is not self-aware of what mechanisms it can use to act and with what authority, can hinder the whole operation. It is also crucial to outline the level of enforcement authority
available to allow for effective implementation of regulations.
A fundamental problem the E.U. faces comes from the divided interests its member states face when they vote in favor of the entire body and their domestic interests.588 The system
creates pressure that is placed upon the sovereign states to gain additional votes for their favored legislation. This is evidenced by the U.S. Senate demanding that the U.S. be allocated additional votes, equal to Great Britain in 1919.589 The Soviet Union demanded the same compensation to equalize their share with those totaled by the United States in the mid 1940’s.590
Maintaining voting power that is equal to opponents creates a major issue. This causes conflict when attempting to advance the interests of environmental protection.
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The protection of the environment is an important issue that is discussed greatly among international leaders.591 The E.U. has taken the opportunity to promulgate environmental policy. Concurrently, the United States has disfavored the Union’s attempts to protect these vital interests. Regardless, European leaders have paved the way for law and policy in the field of environmental law.592
Another important aspect of this international body is its member states ability to assert their individualized policy concerns. This is illustrated by the divided perspectives and priorities for enhancing environmental protection. Support is strong in Germany and Scandinavia but less in Portugal and Ireland.593 Regardless of individual state preferences, the Union has promulgated strict environmental policies by impressing high standards of environmental health upon all countries.”594
The E.U. has shifted towards regulating environmental policy that affects its entire member pool. Environmental policy however, exists for issues that are not international in nature. An example of this is the European model for solid waste disposal. Though the E.U. is furthering the application of its regulation equally, it becomes frustrated when attempting to impose costs upon business and producers in fair divisions.595
NGOs have become an accepted and promoted aspect within Europe. They have been a part of the decision making process within the Union since its inception. Recommendations and reports appear alongside E.U. policy implementation and legislation as NGOs employ multi- level lobbying strategies when they address the European Commission and European Parliament. Their role within the E.U. has been one of great import given the lack of information that the European Commission operates with.596 The disappearance of NGOs from the policy creation process would be similar to “driving with eyes shut.”597
Throughout the history of the European project, these international organizations have led to the growth of democracy and intelligent planning for the continent.
NGOs have taken a foothold in the field of environmental protection. There exists an NGO which is comprised of several environmental support administrations called the European Environmental Bureau. This NGO is financially supported by the E.U., and it helps to
promulgate policy that the E.U. supports.
In addition to NGOs, Europe has developed other organizations to help spread its environmental policies throughout the continent. These organizations in conjunction with the
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E.U., have been a positive force in overseeing the environment through regulations developed at the transnational level.598 These policies are often pressed forward by the individual member states that are in support of additional environmental protections.599
An example of the E.U.’s influence on environmental regulation can be seen by their far reaching efforts in reducing greenhouse gas emissions during the 1997 Kyoto Protocol
negotiations.600 During these talks, Europe communicated a growing concern in reference to the emissions of greenhouse gases. They called for all developed states to reduce their greenhouse gas emission by 15% from levels emitted in 1990. Several countries did not accept that reduction number and agreed to a lower percentage. The E.U. was the most ambitious in its proposed reductions, which is encouraging in light of the great harm that these emissions inflict upon the environment.601
Analogous to the enforcement agreements seen in the wake of the 1997 Kyoto Protocol is the European effort to create an international enforcement agency. The E.U. is a leader in this field as it has defined international enforcement agencies which require member states to adhere to regulation.602 These agencies are well respected and followed by the European population. This is the key component in maintaining high environmental standards through enforcement mechanisms.603
The E.U. is now seen as the transnational organization that is given the authority to promulgate environmental policy and law that will be binding upon all member states. That is the correct approach and the best method to remedy and sanction environmental disasters.