Basic Principles of EU Energy and Climate Law

obligatory courses

Classroom

The course aims to provide an introduction to the fundamental concepts, institutions, and principles encompassed by European Union energy and climate law. Additionally, it will present an overview of the key competencies of European regulatory authorities. Through this course, students will develop the ability to articulate the mechanisms of legislative processes and effectively interpret legal provisions within the realm of European energy and climate law, employing appropriate methods of interpretation that duly consider the content of norms and principles of EU law. Moreover, students will gain the capacity to independently elucidate the core principles, objectives, functions, and conceptual frameworks of various energy law institutions.

The Sources of EU Energy Law

- The role of the EU treaties

-- White Book “An Energy Policy for the EU” (1995)

-- Treaty of Lisbon (Chapter XXI – Art. 194 Energy)

- Application of EU primary law

-- EU competences (Art. 194, 192, 114, 115, 122)

-- Limitations for the exercise of EU competences: subsidiarity and

free choice of energy mix

- Application of EU secondary law: Energy market liberalisation

-- 1st Generation of Directives (1992)

-- 2nd Internal Energy Market Package (2003)

-- 3rd Internal Energy Market Package (2009)

-- Energy Union (2014)

-- 4th Internal Energy Market Package: Clean Energy for All Europeans (2019)

-- Fit for 55 Package (2023/2024)

The decision making process

- Actors:

-- EU institutions,

-- EU Agencies,

-- Member States,

-- NRA’s,

-- Stakeholders

- Procedures:

-- ordinary and specific legislative procedures

-- delegated acts

-- implementing acts

Judicial Review

- The role of the Court of Justice of the EU

- Leading cases

-- C-348/20 Nordstream 2 v. EP and Council - “Annulment Gas Directive”

-- T-101/18 Austria v. COM - “Hinkley Point”

-- T-684/19 MEKH v. ACER - “Pipeline HU – AT”

-- T-399/19, T-616/18 Polskie Górnictwo Naftowe i Gazownicto v. COM

- “Abuse of dominant position by Gazprom”

-- C-177/19 P Allemagne, Ville de Paris e.a. v. COM - EU competence regarding emmission standards setting”

-- C-741/19 Moldau v. Komstroy – “Energy Charta Treaty”

-- C-848/19P Germany v. Poland – “OPAL case”

-- C-329/15 ENEA SA – “Polish RES support scheme”

-- C-718/18 COM v. Germany “Independence of NRAs”

Energy Security

- External aspects:

-- Energy Charta

-- Energy Community

-- Unilateral EU measures to protect energy security

- Internal aspects:

-- Security of gas supply, notably SoS Regulation

-- Security of electricity supply

- National authority

EU Energy environmental law

- Climate law

- EU participation in international climate treaties

- Energy Partnerships

Energy efficiency

- Targets

- Efficiency first principle

- Key measures

Renewable energy sources

- Renewable electricity

- Renewable gases

- Regulatory framework

- Support schemes

Competition law

- The role of competition law in the energy sector

- Abuse of a dominant position

- State Aid

-- State aid guidelines

-- Temporary Crisis Framework

-- Temporary Crisis and Transition Framework

- means of implementation of climate policy

EU Funding instruments

- Innovation Fund

- EU Invest

- Horizon Europe

- Connecting Europe Facility

- Recovery and Resilience Fund

- Just Transition Fund

- Regional Funds

- Important Projects of Common European Interest (IPCEI)

-- C-348/20 Nordstream 2 v. EP and Council - “Annulment Gas Directive”

-- T-101/18 Austria v. COM - “Hinkley Point”

-- T-684/19 MEKH v. ACER - “Pipeline HU – AT”

-- T-399/19, T-616/18 Polskie Górnictwo Naftowe i Gazownicto v. COM

- “Abuse of dominant position by Gazprom”

-- C-177/19 P Allemagne, Ville de Paris e.a. v. COM - EU competence regarding emmission standards setting”

-- C-741/19 Moldau v. Komstroy – “Energy Charta Treaty”

-- White Book “An Energy Policy for the EU” (1995)

-- Treaty of Lisbon (Chapter XXI – Art. 194 Energy)

- Application of EU primary law

-- EU competences (Art. 194, 192, 114, 115, 122)

-- Limitations for the exercise of EU competences: subsidiarity and

free choice of energy mix

- Application of EU secondary law: Energy market liberalisation

-- 1st Generation of Directives (1992)

-- 2nd Internal Energy Market Package (2003)

-- 3rd Internal Energy Market Package (2009)

-- Energy Union (2014)

-- 4th Internal Energy Market Package: Clean Energy for All Europeans (2019)

-- Fit for 55 Package (2023/2024)

-- C-848/19P Germany v. Poland – “OPAL case”

-- C-329/15 ENEA SA – “Polish RES support scheme”

-- C-718/18 COM v. Germany “Independence of NRAs”

Knowledge: the graduate knows and understands

- concepts of energy and climate law and the most relevant EU and national legal acts;

- economic conditions related to energy transformation;

- the most relevant regulatory measures and the objectives they serve, the characteristic of regulatory authorities;

- the position and roles of relevant authorities in the energy sector enshrined in energy and climate law;

Skills: the graduate is able to

- define concepts of energy and climate law and indicate the most relevant EU and national legal acts;

- analyse on its own issue related to energy transformation in terms of its legal land economic aspects;

- indicate the most relevant regulatory measures and the objectives they serve, as well as the characteristic of regulatory authorities;

- name the position and roles of relevant authorities in the energy sector enshrined in energy and climate law;