The Scope of State Sovereignty Under Article 194(2) Tfeu and the Evolution of Eu Competences in the Energy Sector

Huhta, Kaisa

doi:10.1017/s0020589321000269

Cited by 17 publications

(13 citation statements)

References 6 publications

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“…32 Contrary to what might be expected, given the focus of the Founding Treaties, however, primary law was not systematically applied to the energy sector until the 1990s. 33 For decades after the entry into force of the Founding Treaties, the energy sector was too politically charged and considered too connected to sensitive national security interests to be governed at an EU level. 34 The 1990s marked the first extensive package of secondary law for the energy sector, followed by further packages in 2003 and 2009 and, finally, in 2018-2019, all progressively implementing the internal markets in electricity and gas and addressing an increasing number of objectives that continue to drive the energy sector.…”

Section: The Origins Of Eu Climate and Energy Lawmentioning

confidence: 99%

The interface between EU climate and energy law

Romppanen

Huhta

2023

Maastricht Journal of European and Comparative Law

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This article critically discusses the interface between EU climate and energy law. It argues that legal scholarship should explore and expose the interrelationships between these legal disciplines through shared understanding and evaluation of both the disparities and synergies found. It maps the origins of EU climate and energy law to demonstrate how they have evolved side by side, guided by separate legal rationales and distinct legislative developments yet sharing partially overlapping objectives and instruments. By comparing EU climate and energy law as legal disciplines, the article identifies dynamic and static attributes that characterize the interface between EU climate and energy law. These attributes, combined with the evolution of EU climate and energy law, are key elements in facilitating disciplinary convergence. As an outcome of the analysis, the article calls for critical legal scholarship that acknowledges the climate and energy law interface, allowing disciplinary convergence to develop between them.

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Section: The Origins Of Eu Climate and Energy Lawmentioning

confidence: 99%

The interface between EU climate and energy law

Romppanen

Huhta

2023

Maastricht Journal of European and Comparative Law

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“…Проблематика енергетичної безпеки України традиційно є одним із пріоритетів вітчизняних дослідників (О. А. Шевченко [4], О. М. Суходолі [5][6] та ін. ), що тісно пов'язана з економічним (M. Leonard, J. Pisani-Ferry [7], І. В. Яковюк, А. Ю Туренко [8][9]) та енергетичним (P. Dolata [10], J. Hakes [11], K. Huhta [12], C. Schelly, D. Bessette [13]) суверенітетом. Інтеграція України до ЄС спонукає українських правників вивчати підходи до забезпечення енергетичної безпеки, які розробляють і реалізують в об'єднаній Європі (K. I. Matsumoto, M. Doumpos [3], F. Gökgöz, M. T. Güvercin [14] та ін.…”

Section: огляд літературиunclassified

Energy Security of the European Union in the Context of Russian Aggression against Ukraine

Yakoviyk¹,

Tsvelikh²

2023

Plaw

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Over the past decades, Russia has used the supply, ownership and control of energy resources as an instrument of its foreign policy to strengthen its political influence not only in the post-Soviet space, but also in the EU member states. During the unprovoked Russian aggression against Ukraine, Moscow used energy policy as an energy weapon (demanding to pay for gas in rubles; stopping gas supplies to certain EU member states, including Poland, Bulgaria, and Finland; reducing the volume of supplies through the Nord Stream pipeline; ignoring the capacities of the Ukrainian GTS; provoking an increase in gas prices), which resulted in an acute energy crisis in the European Union. This prompted the EU and national governments of its member states to make significant adjustments to their energy policies in order to overcome the crisis and prevent gas blackmail by European states as a manipulation to circumvent anti-Russian sanctions and political pressure to withdraw support for Ukraine. The purpose of the article is to study the problems of ensuring the energy security of the European Union and its member states in the context of the energy crisis caused by Russia's aggression against Ukraine. The article is aimed at studying the impact of Russian aggression on the EU's energy security, assessing the state of the Energy Union in 2022, and analyzing short-term and long-term strategies in the development of relevant supranational and national energy policies, mainly from a European perspective. Modern European national and supranational energy and climate strategies envisage postponing the phase-out of coal, oil, gas and nuclear power, while accelerating the deployment of renewable energy, improving energy efficiency and a mandatory commitment to increase energy storage. The European Union and its member states are overcoming the consequences of the energy crisis by developing and implementing national strategies, the REPowerEU plan, as well as a number of other measures to reduce energy prices and ensure security of supply. The REPowerEU plan is fully in line with the European Green Deal and includes measures to save energy, diversify and ensure security of supply, accelerate the deployment of renewable energy sources and a reasonable mix of investment and reform. The modernization of the EU's energy policy is aligned with the EU's long-term climate goals. The EU also supports new partnerships with neighboring countries, including Ukraine, to accelerate the global transition to green and fair energy.

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“…39 Against the historical background of how solidarity was included in Article 194 of the TFEU, it is not entirely surprising that the confirmation of solidarity as a legally binding principle of EU energy law emerged in a case where Poland was a party. 40 Albeit in different ways, both Articles 122 and 194 of the TFEU are fundamentally underpinned by the notion of solidarity. However, until the OPAL ruling and the most recent emergency measures to address the energy supply shock, there was extremely limited understanding of the formal role of solidarity as a legal norm in EU energy law.…”

Section: Energy and Solidarity In Eu Constitutional Lawmentioning

confidence: 99%

“…Solidarity is to date the first and only legally binding principle of EU energy law that can clearly and explicitly be identified from EU legal sources. 47 However, because of the differences in the scope, application and orientation of Articles 122 and 194 of the TFEU, respectively, it seems that 2022) 40(1) JERL 43, 52. 47 Huhta (n 14).…”

Section: Energy and Solidarity In Eu Constitutional Lawmentioning

confidence: 99%

Solidarity in European Union Law and Its Application in the Energy Sector

Huhta¹,

Reins²

2023

ICLQ

Self Cite

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This article explores the meaning of solidarity in European Union (EU) law in the context of the energy sector and the ongoing energy crisis. Energy provides a powerful and topical sectoral example of the fundamental role and diverse functions of solidarity in EU law. In its OPAL ruling in 2021, the Court of Justice of the EU established that energy solidarity constitutes a legally binding principle of EU energy law that should inform EU institutions and the Member States in their energy decisions. This article adds to legal scholarship on solidarity in three ways. First, it further develops the understanding of the ambiguous solidarity concept in EU law through the lens of the energy sector. Secondly, it contributes to the emerging body of energy law scholarship that seeks to advance the discipline of energy law by focusing on its doctrine rather than on its substantive developments. Finally, it provides a timely and novel analysis of the EU's recent emergency responses to address the acute energy crisis from the point of view of solidarity.

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The Scope of State Sovereignty Under Article 194(2) Tfeu and the Evolution of Eu Competences in the Energy Sector

Cited by 17 publications

References 6 publications

The interface between EU climate and energy law

The interface between EU climate and energy law

Energy Security of the European Union in the Context of Russian Aggression against Ukraine

Solidarity in European Union Law and Its Application in the Energy Sector

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