The EC Principle of Loyal Cooperation and the Obligations of the Kyoto Protocol
In this chapter, the obligations of the Community and the Member States under the international climate regime will be investigated exclusively in relation to primary Community law. In particular, Article 10 TEC and the principle of loyal cooperation will be considered in order to determine to what extent this general principle of EC law can be applied in relation to the compliance by the EC and the Member States with the obligations of the Kyoto Protocol. The term ‘primary Community law’ refers to the general principles of EC law in the founding Treaties as well as to the jurisprudence of the European Court of Justice which by applying these rules often fills the gaps in the Community law system. The Court’s primary role in developing Community law is generally recognised, and it is basically through preliminary rulings under Article 234 TEC that the Court has developed its most famous principles (supremacy, direct effect, loyal cooperation, etc.). As for Article 10 TEC, the applicability and enforceability of this fundamental principle is supported by the jurisprudence of the ECJ.