The eu regulatory framework for sustainable biofuels is an example of today’s dynamic European climate and energy governance. The article demonstrates that there are, however, particular internal controversies that continue to undermine the overall credibility of the eu biofuel regime, as well as the effectiveness and legitimacy of the scheme. In connection with the debate on new governance, the article explores the concepts of input and output legitimacy as regards the verification of compliance with biofuel sustainability criteria. The article shows that if the procedural requirements to satisfy input legitimacy are not met, there is a risk that output legitimacy—the credibility of the substantive outcome—will also be diminished. By paying attention to the process and harmonizing the itemized process-related elements we can improve both the appropriate achievement of the substantive outcome as well as the legitimacy of eu biofuel governance.
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Suzanne Kingston, ‘Introduction’, in European Perspectives on Environmental Law and Governance, edited by Suzanne Kingston (Routledge, 2013), at 2–3. See also, for example, Kati Kulovesi, ‘Exploring the Landscape of Climate Law and Scholarship: Two Emerging Trends’, in Climate Change and the Law, edited by Erkki Hollo, Kati Kulovesi, and Michael Mehling (Springer, 2013), at 31–34, and Issachar Rosen-Zvi, ‘Climate Change Governance: Mapping the Terrain’, 2 Carbon and Climate Law Review (2011), at 235 and 240–243.
In February 2014, a Finnish bioenergy company, Vapo, froze a second-generation biodiesel plant project due to ‘increased uncertainty concerning the legislation on renewable fuels’. The project had received a commitment of €88 million from the eu if the project was realized. For further details, see <http://www.ner300.com/?s=VAPO>.
Michael Mehling, ‘Implementing Climate Governance: Instrument Choice and Interaction’, in Climate Change and the Law, edited by Erkki Hollo, Kati Kulovesi, and Michael Mehling (Springer, 2013), at 11–12.
Peters et al. 2012, supra, note 89, at 41.
Peters et al. 2012, at 9.
Tuomas Kuokkanen, ‘Legitimacy in International Environmental Law’, in International Environmental Law-making and Diplomacy Review 2008, edited by Ed Couzens and Tuula Honkonen (Saarijärvi, 2009), at 9.
Upham et al., supra, note 67, at 2677.
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The eu regulatory framework for sustainable biofuels is an example of today’s dynamic European climate and energy governance. The article demonstrates that there are, however, particular internal controversies that continue to undermine the overall credibility of the eu biofuel regime, as well as the effectiveness and legitimacy of the scheme. In connection with the debate on new governance, the article explores the concepts of input and output legitimacy as regards the verification of compliance with biofuel sustainability criteria. The article shows that if the procedural requirements to satisfy input legitimacy are not met, there is a risk that output legitimacy—the credibility of the substantive outcome—will also be diminished. By paying attention to the process and harmonizing the itemized process-related elements we can improve both the appropriate achievement of the substantive outcome as well as the legitimacy of eu biofuel governance.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 236 | 60 | 4 |
Full Text Views | 187 | 4 | 0 |
PDF Views & Downloads | 38 | 11 | 0 |