Whereas in most countries environmental law is commonly highly fragmented into an enormous amount of sectoral legislative acts, New Zealand and The Netherlands uniquely intend to have just one domestic environmental legislative act putting all fragmented sectoral laws and decrees in only one act of parliament. Both are supposed to achieve sustainable development by a novel integrated approach. However, there are differences as the New Zealand model puts all environmental norms in a subordinate position under one supreme principle of sustainable development, which is obviously not the case in the Dutch act. This article discusses both legislative acts and analyses which system would better serve sustainable multi-functional land use. environmental law, circular economy, multi-functional land use, sustainable development
{"title":"Implementing Sustainable Development Into One Integrated Domestic Environmental Legislative Act. A Law Comparison Between Two Frontrunners: New Zealand and The Netherlands","authors":"F. Kistenkas, M. Smits, D. Kamphorst","doi":"10.54648/eelr2020048","DOIUrl":"https://doi.org/10.54648/eelr2020048","url":null,"abstract":"Whereas in most countries environmental law is commonly highly fragmented into an enormous amount of sectoral legislative acts, New Zealand and The Netherlands uniquely intend to have just one domestic environmental legislative act putting all fragmented sectoral laws and decrees in only one act of parliament. Both are supposed to achieve sustainable development by a novel integrated approach. However, there are differences as the New Zealand model puts all environmental norms in a subordinate position under one supreme principle of sustainable development, which is obviously not the case in the Dutch act.\u0000This article discusses both legislative acts and analyses which system would better serve sustainable multi-functional land use.\u0000environmental law, circular economy, multi-functional land use, sustainable development","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43814770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article identifies ‘locality’ as an overarching concept in EU energy law. This has two consequences. First, it highlights the need for coherent law-making on EU level, specifically by avoiding multiplication of similar-but-not-identical concepts. Second, I argue locality can be considered a specific expression of subsidiarity. To support these claims, this article takes Belgium as a case study for diverse interpretations of this locality concept in Member State law. This is done by an analysis of both regional legislation and the regulator’s decision practice. Furthermore, I revisit theory on the EU constitutional principle of subsidiarity. Finally, a counter-example is offered: the second generation of network codes and guidelines will increasingly impact ‘local’ aspects of the electricity markets. In conclusion, locality serves a double theoretical role: it offers a descriptive classification for EU energy law and provides a substantive hermeneutic tool for subsidiarity assessments. EU energy law, Clean Energy Package, subsidiarity, locality, proximity, single market, integration, harmonization, network codes and guidelines
{"title":"Locality in EU Energy Law","authors":"Simon Vanhove","doi":"10.54648/eelr2020046","DOIUrl":"https://doi.org/10.54648/eelr2020046","url":null,"abstract":"This article identifies ‘locality’ as an overarching concept in EU energy law. This has two consequences. First, it highlights the need for coherent law-making on EU level, specifically by avoiding multiplication of similar-but-not-identical concepts. Second, I argue locality can be considered a specific expression of subsidiarity. To support these claims, this article takes Belgium as a case study for diverse interpretations of this locality concept in Member State law. This is done by an analysis of both regional legislation and the regulator’s decision practice. Furthermore, I revisit theory on the EU constitutional principle of subsidiarity. Finally, a counter-example is offered: the second generation of network codes and guidelines will increasingly impact ‘local’ aspects of the electricity markets. In conclusion, locality serves a double theoretical role: it offers a descriptive classification for EU energy law and provides a substantive hermeneutic tool for subsidiarity assessments.\u0000EU energy law, Clean Energy Package, subsidiarity, locality, proximity, single market, integration, harmonization, network codes and guidelines","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43083500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Fukushima Daishii nuclear disaster lead countries to change their nuclear approaches changed drastically. Although being a traditionally pronuclear country, France followed this tendency by approving a strategy to reduce its nuclear portfolio. Under European law this development is permitted by the right to right to determine its own energy mix include in Article 194(2) of the Treaty of Functioning of the European Union. However, other European legislation that may influence this decision was not considered. This legislation may limit this right and the policy by itself. This article tries to show how, although possible due to the right to determine its own energy mix, the French nuclear strategy may be unlawful under the EU law, namely the European Atomic Energy Community Treaty and the primary and secondary legislation regarding Security of Energy Supply. Nuclear Energy, French Nuclear sector, European Union, Energy mix, TFEU, Euratom, Energy Security, European Energy policy
{"title":"Is the French Nuclear Strategy Lawful Under EU Law? Article 194(2) TFEU and Its Limitations","authors":"Gustavo Rochette","doi":"10.54648/eelr2020047","DOIUrl":"https://doi.org/10.54648/eelr2020047","url":null,"abstract":"The Fukushima Daishii nuclear disaster lead countries to change their nuclear approaches changed drastically. Although being a traditionally pronuclear country, France followed this tendency by approving a strategy to reduce its nuclear portfolio. Under European law this development is permitted by the right to right to determine its own energy mix include in Article 194(2) of the Treaty of Functioning of the European Union. However, other European legislation that may influence this decision was not considered. This legislation may limit this right and the policy by itself. This article tries to show how, although possible due to the right to determine its own energy mix, the French nuclear strategy may be unlawful under the EU law, namely the European Atomic Energy Community Treaty and the primary and secondary legislation regarding Security of Energy Supply.\u0000Nuclear Energy, French Nuclear sector, European Union, Energy mix, TFEU, Euratom, Energy Security, European Energy policy","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43972126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book Review: Environmental Rights: The Development of Standards Stephen J. Turner, Dinah L. Shelton, Jona Razzaque, Owen McIntyre & James R. May eds, 1st ed. UK: Cambridge University Press. May 2019","authors":"Samvel Varvaštian","doi":"10.54648/eelr2020049","DOIUrl":"https://doi.org/10.54648/eelr2020049","url":null,"abstract":"","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70888698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Books for Review","authors":"Karen E. Makuch","doi":"10.54648/eelr2020044","DOIUrl":"https://doi.org/10.54648/eelr2020044","url":null,"abstract":"","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45442252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hardly any other energy infrastructure project is as politically and legally controversial in the EU as Nord Stream 2, with the project company’s headquarters in Zug, to export gas from Russia through the Baltic Sea to Germany. This European infrastructure project is an excellent example of the intertwined economic, political and legal implications inherent in any such energy project in the EU single market. Just like an exemplary model case of a European law textbook, the following article aims to give an insight into the constantly developing new architecture of European energy law in the internal gas market, together with its European policy background, by means of concrete individual questions raised by this case. To this end, it proposes to take the concrete legal questions of this case and selectively illustrate the detailed and complex nesting of European law competences of the EU with the national competences of an EU Member State, here the Federal Republic of Germany, that regulates the EU internal gas market. This article focuses on the legal regime of exemptions from the legally required competitive conditions for the EU internal gas market, which is established by the relevant EU Gas Directive 2009/73EG in its Article 36 and Article 41a and its German implementation under Article 28a and 28b EnWG (Energiewirtschaftsgesetz, i.e. Energy Industry Act). This also includes a detailed presentation of the history of amendments to these standards. Finally, it should be made clear which legal, political and ultimately also economic risks await any investor in infrastructure projects with a construction period of several years on the EU internal market should they try to push through their large-scale project unchanged during the amendment of decisive relevant legal regulations by standard-setting EU authorities and against expanding political resistance in the EU and in EU Member States. These risks affect every investor who is involved in the EU internal market. Nord Stream 2, EU gas market, competition requirements, Russia, Gazprom, European energy security, Energy Charter Treaty, US sanctions, German Federal Network Agency, German Energy Industry Act (EnWG=Energiewirtschaftsgesetz)
{"title":"Nord Stream 2: A Political Economic Crime Novel and Its EU Legal Consequences","authors":"J. Himmelreich","doi":"10.54648/eelr2020045","DOIUrl":"https://doi.org/10.54648/eelr2020045","url":null,"abstract":"Hardly any other energy infrastructure project is as politically and legally controversial in the EU as Nord Stream 2, with the project company’s headquarters in Zug, to export gas from Russia through the Baltic Sea to Germany. This European infrastructure project is an excellent example of the intertwined economic, political and legal implications inherent in any such energy project in the EU single market.\u0000Just like an exemplary model case of a European law textbook, the following article aims to give an insight into the constantly developing new architecture of European energy law in the internal gas market, together with its European policy background, by means of concrete individual questions raised by this case. To this end, it proposes to take the concrete legal questions of this case and selectively illustrate the detailed and complex nesting of European law competences of the EU with the national competences of an EU Member State, here the Federal Republic of Germany, that regulates the EU internal gas market. This article focuses on the legal regime of exemptions from the legally required competitive conditions for the EU internal gas market, which is established by the relevant EU Gas Directive 2009/73EG in its Article 36 and Article 41a and its German implementation under Article 28a and 28b EnWG (Energiewirtschaftsgesetz, i.e. Energy Industry Act). This also includes a detailed presentation of the history of amendments to these standards. Finally, it should be made clear which legal, political and ultimately also economic risks await any investor in infrastructure projects with a construction period of several years on the EU internal market should they try to push through their large-scale project unchanged during the amendment of decisive relevant legal regulations by standard-setting EU authorities and against expanding political resistance in the EU and in EU Member States. These risks affect every investor who is involved in the EU internal market.\u0000Nord Stream 2, EU gas market, competition requirements, Russia, Gazprom, European energy security, Energy Charter Treaty, US sanctions, German Federal Network Agency, German Energy Industry Act (EnWG=Energiewirtschaftsgesetz)","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47738839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Climate litigation is on the rise. The role that nongovernmental organizations play in its facilitation is reflective in the numerous cases that are being brought by them to the Courts. However, it is not always easy and the NGOs have to face legal challenges in matters such as those relating to standing requirements (‘who may sue’) and validity of their claims. The present article attempts to analyse the working environment of the NGOs by taking references from different jurisdictions, with a special emphasis on the climate policy framework of the European Union. climate litigation; climate change; NGOs; courts; EU; advocacy; activism; environment; climate science; public interest litigation
{"title":"Climate Litigation Movement by Non-Government Organizations: Contributions & Challenges","authors":"Garvita Sethi","doi":"10.54648/eelr2020042","DOIUrl":"https://doi.org/10.54648/eelr2020042","url":null,"abstract":"Climate litigation is on the rise. The role that nongovernmental organizations play in its facilitation is reflective in the numerous cases that are being brought by them to the Courts. However, it is not always easy and the NGOs have to face legal challenges in matters such as those relating to standing requirements (‘who may sue’) and validity of their claims. The present article attempts to analyse the working environment of the NGOs by taking references from different jurisdictions, with a special emphasis on the climate policy framework of the European Union.\u0000climate litigation; climate change; NGOs; courts; EU; advocacy; activism; environment; climate science; public interest litigation","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45729102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the mid – to long-term, energy storage systems may be necessary to balance the stochastic electricity production of renewable energies such as wind and solar. Many different storage solutions are either already technologically mature or on the brink of market introduction. However, regulatory barriers may hinder investments in storage capacity. Energy law in European countries typically defines very specific roles for different market participants, such as producers, grid operators or final customers. Storage systems often do not fit into these categories, or may simultaneously fall under several different rule sets. This raises many legal questions which have yet to be addressed by the courts. Especially problematic is the question of whether storage systems have to pay grid usage fees, which is closely related to their possible classification as final customers and may restrict many potential business models. This article compares the corresponding regulation in the main German-speaking (DACH) countries; Germany, Austria and Switzerland while also taking into account relevant EU legislation. Energy Storage, Renewable Energy, Grid Tariffs, Final Customer, Electricity Internal Market Directive, Unbundling
{"title":"Regulation of Energy Storage Systems in the DACH Countries","authors":"M. Schreiber","doi":"10.54648/eelr2020041","DOIUrl":"https://doi.org/10.54648/eelr2020041","url":null,"abstract":"In the mid – to long-term, energy storage systems may be necessary to balance the stochastic electricity production of renewable energies such as wind and solar. Many different storage solutions are either already technologically mature or on the brink of market introduction. However, regulatory barriers may hinder investments in storage capacity. Energy law in European countries typically defines very specific roles for different market participants, such as producers, grid operators or final customers. Storage systems often do not fit into these categories, or may simultaneously fall under several different rule sets. This raises many legal questions which have yet to be addressed by the courts. Especially problematic is the question of whether storage systems have to pay grid usage fees, which is closely related to their possible classification as final customers and may restrict many potential business models. This article compares the corresponding regulation in the main German-speaking (DACH) countries; Germany, Austria and Switzerland while also taking into account relevant EU legislation.\u0000Energy Storage, Renewable Energy, Grid Tariffs, Final Customer, Electricity Internal Market Directive, Unbundling","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48006277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Power Purchase Agreements (PPAs) enjoy great success in Europe. This is especially true of Green Corporate PPAs (GC PPAs), also known as Corporate Renewable PPAs, which are agreements under which a corporate customer agrees to purchase renewable electricity directly from the electricity producer, pursuant to the definition set forth in the 2018 Renewable Energy Directive (‘RED II’) (Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 Dec. 2018 on the promotion of the use of energy from renewable sources (recast).). Nearly 14GW in PPAs were entered into in 2018 worldwide, of which 1.9GW in Europe (2017: 1GW) and approx. 8GW in the United States (2017: 2.4GW) (Europe Corporate Renewable, PPA Market Report 2018 – 2027.). Wind energy accounts for 85% of GC PPAs entered into in Europe to date, with solar energy accounting for the remaining 15%. This progress can be explained partly by an increase in energy demand worldwide, the companies’ willingness to reduce their carbon footprint and control energy costs, the need for clear and foreseeable price signals for investors and producers, but also the development of public support schemes for renewable energies (‘RE’). Power Purchase Agreement, Renewable Energy, Electricity, French Law, Energy transition, Corporate Social Responsibility
{"title":"Power Purchase Agreements: An Emerging Tool at the Centre of the European Energy transition A Focus on France","authors":"Louis-Narito Harada, Marie Coussi","doi":"10.54648/eelr2020043","DOIUrl":"https://doi.org/10.54648/eelr2020043","url":null,"abstract":"Power Purchase Agreements (PPAs) enjoy great success in Europe. This is especially true of Green Corporate PPAs (GC PPAs), also known as Corporate Renewable PPAs, which are agreements under which a corporate customer agrees to purchase renewable electricity directly from the electricity producer, pursuant to the definition set forth in the 2018 Renewable Energy Directive (‘RED II’) (Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 Dec. 2018 on the promotion of the use of energy from renewable sources (recast).). Nearly 14GW in PPAs were entered into in 2018 worldwide, of which 1.9GW in Europe (2017: 1GW) and approx. 8GW in the United States (2017: 2.4GW) (Europe Corporate Renewable, PPA Market Report 2018 – 2027.). Wind energy accounts for 85% of GC PPAs entered into in Europe to date, with solar energy accounting for the remaining 15%. This progress can be explained partly by an increase in energy demand worldwide, the companies’ willingness to reduce their carbon footprint and control energy costs, the need for clear and foreseeable price signals for investors and producers, but also the development of public support schemes for renewable energies (‘RE’).\u0000Power Purchase Agreement, Renewable Energy, Electricity, French Law, Energy transition, Corporate Social Responsibility","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43482058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Relations with third countries are becoming more and more important for the EU, and the EU must ensure the protection of its interests in relation to developments which will have a substantial effect on it. The authors pay great attention to the association as a special partnership of EU Member States with a third country, which provides for deepened relations in political, economic, environmental and other spheres of cooperation. It is concluded that the legal nature of the Association Agreements between the EU and third countries is that they envisage deepened EU relations with third countries in different areas of cooperation and are distinguished by a significant specificity, which is manifested in the following features: the third country does not participate in the founding treaties of the EU, instead, association agreements provide for the establishment of a special institutional mechanism; the third country does not join the work of the EU institutions; instead, association agreements provide for the establishment of a special institutional mechanism; the creation of an association is based on an economic, political and legal basis. The authors carefully examine the features of associative agreements in the practice of the European Union’s external relations. The number and variety of relevant treaty norms testify to the formation of a special institute of ‘association’ in the practice of the European Union. association, European Union, integration, environmental protection, association agreement, EU external relations, ‘generation’ of association agreements.
{"title":"Legal Basis of the Association in the Relations of the European Union with Third Countries as One of the Forms of Implementation of the EU’s External Relations in the Sphere of Environmental Protection","authors":"Olha Shpakovych, Y. Kostyuchenko","doi":"10.54648/eelr2020037","DOIUrl":"https://doi.org/10.54648/eelr2020037","url":null,"abstract":"Relations with third countries are becoming more and more important for the EU, and the EU must ensure the protection of its interests in relation to developments which will have a substantial effect on it. The authors pay great attention to the association as a special partnership of EU Member States with a third country, which provides for deepened relations in political, economic, environmental and other spheres of cooperation. It is concluded that the legal nature of the Association Agreements between the EU and third countries is that they envisage deepened EU relations with third countries in different areas of cooperation and are distinguished by a significant specificity, which is manifested in the following features: the third country does not participate in the founding treaties of the EU, instead, association agreements provide for the establishment of a special institutional mechanism; the third country does not join the work of the EU institutions; instead, association agreements provide for the establishment of a special institutional mechanism; the creation of an association is based on an economic, political and legal basis. The authors carefully examine the features of associative agreements in the practice of the European Union’s external relations. The number and variety of relevant treaty norms testify to the formation of a special institute of ‘association’ in the practice of the European Union.\u0000association, European Union, integration, environmental protection, association agreement, EU external relations, ‘generation’ of association agreements.","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47601194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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