EU Disaster Response Law: Principles and Instruments
This chapter aims at analyzing the legal framework governing disaster prevention, preparedness and response at EU level, with specific regard to emergencies occurring inside the Union. First, the origin and the development of the European cooperation in t
- PDF / 285,930 Bytes
- 24 Pages / 439.37 x 666.142 pts Page_size
- 43 Downloads / 218 Views
EU Disaster Response Law: Principles and Instruments Marco Gestri
Abstract This chapter aims at analyzing the legal framework governing disaster prevention, preparedness and response at EU level, with specific regard to emergencies occurring inside the Union. First, the origin and the development of the European cooperation in the field of civil protection are illustrated. Such a cooperation has led to important results, notably to the establishment of the Civil Protection Mechanism (CPM) which has acted successfully in an ever increasing number of emergencies. However, before the entry into force of the Treaty of Lisbon the further development of a European response capacity was limited by the absence of an adequate legal basis. The Lisbon Treaty has opened up new opportunities in subiecta materia, introducing into primary law a new ‘clause of solidarity’ (Article 222 TFEU) and a specific EU competence in the area of civil protection (Article 196 TFEU). The author analyzes the scope and legal effects of the solidarity clause, both vis-à-vis the EU and its Member States, arguing that the norm provides a binding legal obligation of assistance, even if characterized by a margin of discretion as to its actual implementation. The possible relevance of Article 222 either for the establishment of a new machinery dealing with disasters or for enhancing the existing mechanism for civil protection is also assessed. As for the new competence in the area of civil protection, the opportunities stemming from the new provisions are discussed as well as the limitations deriving from its classification as a ‘complementary’ or ‘supporting’ competence (Article 6 TFEU). Finally, the chapter describes the initiatives recently undertaken in order to review, and reinforce, the current CPM: the most delicate issues are discussed and possible solutions are outlined.
M. Gestri (&) Dipartimento di Giurisprudenza, Università di Modena e Reggio Emilia, via San Geminiano 3, 41121, Modena, Italy e-mail: [email protected]
A. de Guttry et al. (eds.), International Disaster Response Law, DOI: 10.1007/978-90-6704-882-8_5, T.M.C. ASSER PRESS, The Hague, The Netherlands, and the author(s) 2012
105
106
M. Gestri
Keywords European Union Lisbon Treaty Solidarity clause Civil protection Complementary competence Union civil protection mechanism
Contents 5.1 Origin and Historical Development of Civil Protection Cooperation at the European Level .................................................................................................... 5.2 Civil Protection After the Treaty of Lisbon.................................................................. 5.2.1 The Solidarity Clause (Article 222 TFEU) ....................................................... 5.2.2 The New Competence in the Area of Civil Protection Under Article 196 TFEU ............................................................................................... 5.3 The Existing Legal and Operational Framework: The Civil Protection Mechanism ................
Data Loading...
