Julius Rumpf and Catherine Banet have recently published a book chapter where they explain how EU energy law is enforced by the EU Commission, ACER, and national authorities. The chapter explains which factors contribute to successful enforcement of EU energy law, as well as factors that limit effective enforcement. Finally, it comments on current trends and outline possible legal constraints for the current enforcement strategy.
The chapter concludes that enforcement of EU energy law is a two-sided affair. On the one hand, the EU is trying to establish an internal energy market with basic rights and harmonize the legal framework. However, implementation and enforcement of EU energy legislation are the responsibility of Member States. While the EU has succeeded in liberalizing and integrating the European energy markets, recognizing new rights for energy consumers, and facilitating more transparent and liquid energy trading, progress has been delayed in some key areas. The energy sector is strategic for Member States and cooperation with the EU, but there is not always agreement on energy policy goals. Moreover, EU energy goals are partly contradictory.
Overall, the authors consider enforcement of EU energy law as successful despite these conflicts. Resource constraints of the Commission and ACER argue against a hard enforcement strategy at the EU level because such an approach could exacerbate existing conflicts. Instead, the EU should take advantage of the consensus achieved through harmonized energy market rules to overcome disagreements. This is likely to contribute more to effective enforcement of energy legislation than a specific enforcement strategy.
Link to the book: Research Handbook on the Enforcement of EU Law - Edward Elgar publishing.com
Link to the chapter: Chapter 23: Energy Law