Legal navigation in the midst of European geopolitical turmoil
- The Ukraine crisis once again confirmed that it is in Europe’s interest to choose a path towards a low carbon, competitive and energy secure European Union. Increasing our security of supply has been an overarching goal of European energy and climate policies for years – now it is time to take it one step further.
This statement introduces the backdrop for the purpose of the publication. Crises may represent a window of opportunity. Nevertheless, the legal framework must follow suit. The seminar held in Berlin was a timely and necessary contribution to the ongoing legal debate.
- This contribution to the legal debate is a must-read. The adaptation of the European Union’s 2030 Framework for climate and energy policies and the new State aid guidelines for energy and environment were assessed from a legal perspective. The seminar in Berlin therefore represented an international platform for discussion regarding the current evolution public authorities, legal scholars and practitioners alike have witnessed in 2014. As renewable energy is one of the main components to enhance energy security in Europe, the seminar focused on a broad spectrum of European Union law with a horizontal reading of the Treaties, says Thea Sveen.
Political aims and legal measures
The triangular aim of the European Union’s energy policy therefore needs to be interpreted with foreseeability and legal certainty. The search for an optimal balance between several aims, notably a functioning internal market, the promotion and development of renewable energies and a high degree of security of energy supply, offers scholars perspectives on new legal challenges.
This issue represents a timely and necessary overview which gives the reader an insight to the various perspectives on the current developments in EU renewable energy law. The contributions cover a mid-range of legal issues raised in 2014, spanning from the new environmental and energy state aid guidelines to the Ålands Vindkraft case and questions concerning the competence of the European Union within renewable energy promotion.
International research seminar
Scholars from the University of Oxford, the University of Eastern Finland, the Institute of Energy and Regulatory law in Berlin and the University of Oslo participated at a seminar in Berlin on 12 September 2014. Their minds and reflections were brought together in discussions concerning one of the most pressing legal issues in European Union energy law.
- Professor Angus Johnston analysed the impact of the new EU Commission guidelines on State aid for environmental protection and energy on the promotion of renewable energies.
- Associate Professor Henrik Bjørnebye introduced the most pressing legal challenges after the rendering of the Ålands Vindkraft case
- Fellow Juliane Steffens further specified how Article 30 and 110 TFEU could be seen as limitations to Member States’ renewable energy promotion.
- The Ålands Vindkraft case was further assessed in detail by Dr. Lydia Scholz by analysing the dialogue between the principle of free movement and national renewable energy promotion.
- This part was complemented by Fellow Sirja-Leena Penttinen’s comments on the Essent case – the one about free movement, economic justifications and the increasing role of the State.
- Professor Kim Talus further assessed the particular nature of renewable energy disputes in the European Union.
- The question regarding the interaction between the energy and the environmental provision of the Treaty was raised by Thea Sveen.
- Dr. Carsten König got the final word with his contribution concerning the challenges of an integrated offshore infrastructure in the North Sea.
The evolution of EU law
The various interactions between different Treaty provisions as well as the implication of EU law on national support systems and investments have both been subject to radical changes. The broader context of EU law within the area of European renewable energy promotion therefore requires legal scholars to identify the actual and potential interaction between several areas of EU law as well as between several primary law provisions. In particular, this discussion focused on the EU Renewable Energy Directive. The seminar inspired and motivated further academic work and international cooperation.
MarIus 446
EU Renewable Energy Law. Legal challenges and new perspectives
Contributors: Angus Johnston, Juliane Steffens, Lydia Scholz, Sirja-Leena Penttinen, Kim Talus, Thea Sveen, Carsten König. 2014. 206 p.
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The Scandinavian Institute of Maritime Law at the University of Oslo