KluwerLawOnline.com - European Energy and Environmental Law Review

European Green Energy Transition: Legal Principles for a European Green Energy Transition [pre-publication]

Fri, 22 Nov 2024 00:01:09 GMT

The green energy transition has become a top priority for the European Union (EU) and its Member States. In line with the long-standing recognition of the need for climate change mitigation, recent years have seen a significant intensification of policies promoting this transition. Furthermore, recent global events, such as the pandemic and the Russian invasion of Ukraine, have further influenced EU energy policy. These developments have led to legislative action on many fronts to facilitate the transition towards net-zero, but also to enhance energy security and resilience. This Special Issue focuses on the legal principles governing the European green energy transition, also in the light of major recent developments. This foreword sets the stage by exploring the nature of legal principles in general and by discussing specifics of EU energy law principles. Further, this foreword suggests a differentiation between a) principles that enhance coherence within energy law by reflecting its core values, and b) principles that facilitate the green energy transition by ensuring that legal interpretation aligns with its objectives. Last, the foreword provides an introduction and a brief presentation of the Special Issue articles, which are organized around the abovementioned distinction, and invites readers to explore the articles further.

Volume 33 Online ISSN 0966-1646

In Search of the Golden Ratio: The Conundrum of Balancing Environmental Protection and Energy Security [pre-publication]

Fri, 22 Nov 2024 00:01:09 GMT

The European Union (EU) is facing the dual challenge of ensuring energy security and compliance with environmental commitments in the wake of geopolitical upheaval. Russia’s war of aggression against Ukraine prompted a reassessment of the EU’s energy situation and revealed the intricate web of connections between energy and environmental policies. To address this unprecedented crisis, the EU launched the REPowerEU plan, representing a big step towards energy transition and reducing dependency on Russian fossil fuels.

Amidst the urgency of addressing energy security, the challenge of avoiding environmental deregulation comes to the forefront and there is an imperative need to find the right legal tools to conduct a delicate balancing exercise ensuring that energy security measures align with the commitment to environmental sustainability.

In this direction, this paper examines the impact of the REPowerEU plan and its accompanying legislative instruments on EU Environmental Law, focusing on Regulation (EU) 2023/435, Directive 2018/2001, and Council Regulation 2022/2577. It explores whether these legislative amendments present an impermissible retreat from environmental standards and considers ways to manage the challenges of balancing environmental protection with energy security, with the application of the emerging principle of nonregression.

Volume 33 Online ISSN 0966-1646

EU Renewable Energy Support Law: An Autonomous- Principled Sub-Field of Energy Law [pre-publication]

Fri, 22 Nov 2024 00:01:09 GMT

Supportive financing for renewable energy sources (RES) is crucial for the attainment of clean energy transition. Nevertheless, ‘renewable energy support law’, that is, the corpus of rules that govern the design, enactment, and implementation of support schemes for RES is not consolidated as a discipline of law yet. Accordingly, this paper aspires to crystallize renewable energy support law as an autonomous sub-field of energy law. It investigates the features that determine the disciplinary identity of an area of study: a link with societal challenges, the development of concrete objectives and methods, and the formulation of principles. The paper proceeds to establish that energy lawmeets these criteria. Next, it demonstrates that, within the broader framework set by the ‘Energy Trilemma’ theory, renewable energy support law has special societal relevance, and, mostly, distinctive principles: (1) the market-based and market-responsive character and (2) the predictability of the terms of support, which are autonomous, and unique in this discipline of law; (3) the principle of an open, transparent, competitive, non-discriminatory, and cost-effective granting of support, which is a unique feature of this field, but draws inspiration from public procurement law; and, (4) borrowed from State aid law, the avoidance of unnecessary market distortions.

Volume 33 Online ISSN 0966-1646

Interpreting the Energy Efficiency First Principle: Help or Hindrance for the Hydrogen Economy? [pre-publication]

Fri, 22 Nov 2024 00:01:09 GMT

The Energy Efficiency First Principle (EE1 Principle) is fundamental to the European Union’s (EU’s) energy policy, highlighting energy efficiency initiatives over supply-side alternatives. This article analyses the development, implementation, and obstacles of the EE1 Principle within the EU’s legislative framework. It examines the principle’s incorporation into essential legislative texts, and its influence on decision-making processes, using hydrogen as an example.

Notwithstanding its elucidation in legal texts in recent years, the execution and implementation of the EE1 Principle is lacking in various Member States. However, the article posits that the EE1 Principle can assist in the development of the hydrogen market, whilst balancing this objective with promoting a more integrated, efficient, secure and carbonneutral EU energy system. Its implementation at the EU level, particularly during the process for: (1) integrating the EU-wide ten-year network development plans (TYNDP) for electricity, gas and hydrogen; and (2) selecting the Projects of Common and Mutual Interest, is of the upmost importance.

The article concludes that although the EE1 Principle is a helpful tool for establishing a sustainable, diverse and resilient energy system, overcoming the associated implementation obstacles is crucial for its success. The efficient implementation and oversight of the EE1 Principle will be vital for promoting a broad and sustainable energy mix.

Volume 33 Online ISSN 0966-1646