Regulating eu Climate and Energy Matters through Conclusions: The Limits of Consensus

in Journal for European Environmental & Planning Law
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The practice of governing by action-driven conclusions is particularly evident in the field of climate and energy policy, in which a large number of substantial decisions, at a remarkable level of detail, are pre-set by the Council or the European Council, before they enter the formal decision-making process. The article discusses whether there are formal requirements for the adoption of Council conclusions and conclusions of the European Council, respectively. It also questions whether the practice of either body to channel a wide range of policy details through the adoption of conclusions by consensus is in line with the constitutional architecture of the Treaties.