Emissions Allowances: Non-legal Terminology and Problems of Qualification

The essay analyses the issue of the legal qualification of greenhouse gases emission "allowances" as a clear example of the problems arising in the translation and interpretation of legal texts within the EU context.
In particular, the essay highlights that sometimes the EU legislator introduces new concepts specific to EU law, while it applies ambiguous terms and avoids providing definitions, often as a result of the difficulties in reaching a political agreement on terms that convey concepts linked to the different legal cultures of the different Member States. In front of these difficulties in reaching an agreement on common definitions and shared concepts, the EU law-makers tend to prefer a non-legal terminology. As these apparently neutral terms contain no useful legal content, lawyers end up facing very difficult issues of interpretation.
The lack of common terms and general legal concepts at an EU level, at least in specific areas, can lead to significantly different outcomes in the legal practices of Member States.
The absence of common terms and general legal concepts at an EU level, at least in specific areas, can lead to significantly different outcomes in the legal practices of Member State and consequently has a relevant impact on the process of harmonisation. These issues are clearly exemplified by the problem of the legal qualification of greenhouse gases emission allowances. In fact, failing a legal definition of emission allowances in EU legislation, the legal nature of allowances and their regulation are necessarily contingent on the relevant legal system, with the consequent and inevitable differences between Member States.