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EU Emissions Trading : Legitimacy and Stringency Draft

The stringency and potential effectiveness of the EU Emissions Trading System (EU ETS) has increased with the revisions adopted in December 2008. This article explores whether the increase in stringency has been based on a corresponding broadening of the basis for legitimacy. The EU has increasingly departed from the legitimacy basis of state consent by applying qualified majority voting and direct regulation at non-state level to improve the effectiveness of environmental policy. In turn, these developments have increased the need for multi-level legitimacy at various levels of society. The main conclusion is that the recent increase in the stringency and potential effectiveness of the EU ETS has indeed been based on a broader legitimacy basis. However, a broader legitimacy basis does not necessarily ensure widespread acceptance and support in the future. Much will depend on the system's capacity to deliver significant results.