Suchergebnisse

The article aims, first, to map out the broad lines in the establishment case law of the European courts and its impact on the "supply side" of healthcare provision. It is apparent that the development of this line of case law so far is relatively (e.g. compared to the services case law) slow and fragmented. On the one hand, recent cases such as DocMorris show an advance with regard to the earlier Sodemare case because non-discriminatory rules are now caught by the prohibition. This can be seen as "one step beyond". However, the exceptions to the prohibition of obstacles to freedom of establishment are being liberally applied based on the Gebhard test. In this manner systems based on public provision and/or self-regulation remain on the whole shielded from market access and competitive entry. The main exception are those cases where the applicable national regulation is self-evidently incoherent and can be attacked on that basis as part of the proportionality test (necessity or appropriateness) of the measures. The article then looks at the possible contribution of a more integrated law and economics based approach to achieve both a more coherent framework for deciding such cases and an improved result in terms of controlling expenditure and universal provision of a high standard of care. Finally, the article identifies the development of the principle of proportionality in this context as part of the future research agenda

Abstract
This article examines the robustness of the architecture of European energy and climate governance and the instruments developed to execute climate governance based on EU-wide targets and the ambition of 'net-zero' by 2050. Its primary focus is on the quality of the European energy and climate governance process.The Commission's primary task is to monitor closely national efforts to achieve the EU's binding targets for example on energy efficiency, greenhouse gas (GHG) emission reduction and renewables production, to report regularly on progress or lack thereof. Although a considerable literature on climate governance has now evolved its focus is primarily on the tools available to the Commission to realize the Union's climate and energy governance strategy in the absence of legally binding national targets. Many important and central questions about this governance process remain largely unanswered and unresolved. Legally binding union-wide climate targets are embraced by the new EU Climate Law of 2021, and various measures to promote renewable energy, energy efficiency and emission reduction are expressed to be 'legally binding' on the European institutions. But what does this mean in practice – especially in the current 'energy emergency' situation? Are there any effective legal constraints if the Commission's actions or its failure to act is likely to imperil the timely realization of these 'binding' European wide targets. The first part of this article analyses the climate and energy governance and assesses the Commission's role and responsibilities. Two additional and inter-related instruments of European 'net zero governance' are dealt with in the second and third parts. These are the reliance on delegated acts (part two) and the use of state aid control (part three). The scope of the Commission's discretion when drawing up delegated rules has become an essential element of the 'net zero' governance process. An assessment of the application of the Treaty state aid rules to national schemes to support fossil fuels provides useful legal as well as policy insights. It serves as an important testing ground for policy coherence and continuity in pursuing the Union's climate goals. This assessment contributes to a practical appraisal of the quality of governance from the perspective of this article – in terms of the scope of discretion open to the Commission to continue to approve such subsidies even in the light of the Climate Law's binding targets.