{"title":"THE INDEPENDENCE OF NATIONAL REGULATORY AUTHORITIES AND THE EUROPEAN UNION ENERGY TRANSITION","authors":"Laura Kaschny, S. Lavrijssen","doi":"10.1017/S0020589323000271","DOIUrl":null,"url":null,"abstract":"Abstract National regulatory authorities (NRAs) play a key role in energy transition from fossil fuels to renewable energy sources. A recent judgment of the Court of Justice of the European Union has clarified the requirements of NRA independence under European Union (EU) energy law. The Court classified the exclusive competence of NRAs to fix network tariffs as purely technical assessments of factual realities. This article challenges this assumption and examines whether the technical administrative tasks of NRAs can in fact be separated from political choices. It also explores the delineation of competences between NRAs and national governments at the EU and national levels, as exemplified by the Netherlands and by the proposed Dutch Energy Act.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"72 1","pages":"715 - 736"},"PeriodicalIF":1.6000,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International & Comparative Law Quarterly","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/S0020589323000271","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
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Abstract
Abstract National regulatory authorities (NRAs) play a key role in energy transition from fossil fuels to renewable energy sources. A recent judgment of the Court of Justice of the European Union has clarified the requirements of NRA independence under European Union (EU) energy law. The Court classified the exclusive competence of NRAs to fix network tariffs as purely technical assessments of factual realities. This article challenges this assumption and examines whether the technical administrative tasks of NRAs can in fact be separated from political choices. It also explores the delineation of competences between NRAs and national governments at the EU and national levels, as exemplified by the Netherlands and by the proposed Dutch Energy Act.
期刊介绍：
The International & Comparative Law Quarterly (ICLQ) publishes papers on public and private international law, comparative law, human rights and European law, and is one of the world''s leading journals covering all these areas. Since it was founded in 1952 the ICLQ has built a reputation for publishing innovative and original articles within the various fields, and also spanning them, exploring the connections between the subject areas. It offers both academics and practitioners wide topical coverage, without compromising rigorous editorial standards. The ICLQ attracts scholarship of the highest standard from around the world, which contributes to the maintenance of its truly international frame of reference. The ''Shorter Articles and Notes'' section enables the discussion of contemporary legal issues and ''Book Reviews'' highlight the most important new publications in these various fields. The ICLQ is the journal of the British Institute of International and Comparative Law, and is published by Cambridge University Press.
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