TEN-E som möjliggörare av den gröna given – en analys av Unionens skyldighet att integrera miljöskyddskraven i ljuset av urvalskriterierna för projekt av gemensamt europeiskt intresse
Sammanfattning: In 2019, the European commission presented the Green Deal - the EU's new growth strategy to achieve climate neutrality by 2050. The new strategy led the Commission to initiate a review of the legislation regarding TEN-E. One of the purposes of TEN-E is to adopt PCI projects. The purpose of the essay is to examine how these selection criteria may change due to the Green Deal by addressing two specific issues: 1) I will explain how, and with what underlying purposes PCI are adopted today and 2) how the selection criteria can be revised to achieve the objectives of the Green Deal and analyze whether such revisions can be described as integrating the environmental protection requirements of Article 11 TFEU. PCI are adopted by the Commission through a delegated act if the project is necessary for one of the priority corridors or thematic areas. Furthermore, they must entail more benefits than costs and fulfill a cross-border element. They must also meet certain energy-specific criteria that can be deduced from EU primary legislation. TEN-E aims to achieve several objectives in EU´s primary and secondary legislation. While the objectives of the Trans-European Networks for Energy, the internal energy market and economic, social and territorial cohesion must not be affected by a revision of the TEN-E, the EU´s secondary legislative goals of 2020 may do so. The priority corridors and thematic areas are designed to achieve these goals. In addition, the EU is obliged to integrate environmental protection requirements, in particular in order to promote sustainable development. The principle of integration therefore stipulates that the EU´s environmental policy objectives in Article 191.1-3 TFEU are balanced against the specific objectives of TEN-E, while the objective of sustainable development seems to have no such legal obligation. My conclusions are that it is possible to introduce a mandatory requirement that each PCI must contribute to the goals of the Green Deal and that it does not restrict the other goals that TEN-E aims to achieve. Such a revision of the selection criteria in Article 4 TEN-E is therefore to be considered as an integration of the environmental protection requirements under Article 11 TFEU, as the Green Deal aims to address climate and environmental challenges and thus achieve the binding objectives of the Paris Climate Agreement.
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