Towards a European principle of independence:The ongoing constitutionalisation of an independent energy regulator
This article analyses recent case law of the European Court of Justice in which the European requirements concerning the political independence of national regulatory authorities in the energy sector were interpreted in a broad way. These judgements were delivered in a time in which a strong indepen...
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Online Access: | https://research.tilburguniversity.edu/en/publications/59610dd5-2f8d-4390-932c-72106f6838e1 https://doi.org/10.21552/cclr/2022/1/6 https://pure.uvt.nl/ws/files/68683405/Towards_a_European_Principle_of_Independence.pdf http://www.scopus.com/inward/record.url?scp=85137446250&partnerID=8YFLogxK |
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ftunitilburgpubl:oai:tilburguniversity.edu:publications/59610dd5-2f8d-4390-932c-72106f6838e1 2024-02-04T09:59:34+01:00 Towards a European principle of independence:The ongoing constitutionalisation of an independent energy regulator Lavrijssen, Saskia 2022-04-05 application/pdf https://research.tilburguniversity.edu/en/publications/59610dd5-2f8d-4390-932c-72106f6838e1 https://doi.org/10.21552/cclr/2022/1/6 https://pure.uvt.nl/ws/files/68683405/Towards_a_European_Principle_of_Independence.pdf http://www.scopus.com/inward/record.url?scp=85137446250&partnerID=8YFLogxK eng eng https://research.tilburguniversity.edu/en/publications/59610dd5-2f8d-4390-932c-72106f6838e1 info:eu-repo/semantics/openAccess Lavrijssen , S 2022 , ' Towards a European principle of independence : The ongoing constitutionalisation of an independent energy regulator ' , Carbon and Climate Law Review , vol. 16 , no. 1 , pp. 25-40 . https://doi.org/10.21552/cclr/2022/1/6 article 2022 ftunitilburgpubl https://doi.org/10.21552/cclr/2022/1/6 2024-01-10T23:08:36Z This article analyses recent case law of the European Court of Justice in which the European requirements concerning the political independence of national regulatory authorities in the energy sector were interpreted in a broad way. These judgements were delivered in a time in which a strong independent authority plays a crucial role in the acceleration of the energy transition by safeguarding fair market access to new entrants offering innovative energy services. At the same time, the European developments towards a politically independent regulatory authority with discretionary, regulatory, powers is at odds with the way the democracy principle and the legality principle have traditionally been interpreted in several Member States, such as in the Netherlands and Germany. However, it is argued that the latter principles do offer scope for a different interpretation than the more traditional one of the principle of legislative supremacy. A condition, however, is that accountability mechanisms must be improved to provide citizens a legal guarantee that they can have a say and that the regulatory authority can be held accountable by the courts. Article in Journal/Newspaper Carbon and Climate Law Review Tilburg University Research Portal Carbon & Climate Law Review 16 1 25 40 |
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Tilburg University Research Portal |
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ftunitilburgpubl |
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English |
description |
This article analyses recent case law of the European Court of Justice in which the European requirements concerning the political independence of national regulatory authorities in the energy sector were interpreted in a broad way. These judgements were delivered in a time in which a strong independent authority plays a crucial role in the acceleration of the energy transition by safeguarding fair market access to new entrants offering innovative energy services. At the same time, the European developments towards a politically independent regulatory authority with discretionary, regulatory, powers is at odds with the way the democracy principle and the legality principle have traditionally been interpreted in several Member States, such as in the Netherlands and Germany. However, it is argued that the latter principles do offer scope for a different interpretation than the more traditional one of the principle of legislative supremacy. A condition, however, is that accountability mechanisms must be improved to provide citizens a legal guarantee that they can have a say and that the regulatory authority can be held accountable by the courts. |
format |
Article in Journal/Newspaper |
author |
Lavrijssen, Saskia |
spellingShingle |
Lavrijssen, Saskia Towards a European principle of independence:The ongoing constitutionalisation of an independent energy regulator |
author_facet |
Lavrijssen, Saskia |
author_sort |
Lavrijssen, Saskia |
title |
Towards a European principle of independence:The ongoing constitutionalisation of an independent energy regulator |
title_short |
Towards a European principle of independence:The ongoing constitutionalisation of an independent energy regulator |
title_full |
Towards a European principle of independence:The ongoing constitutionalisation of an independent energy regulator |
title_fullStr |
Towards a European principle of independence:The ongoing constitutionalisation of an independent energy regulator |
title_full_unstemmed |
Towards a European principle of independence:The ongoing constitutionalisation of an independent energy regulator |
title_sort |
towards a european principle of independence:the ongoing constitutionalisation of an independent energy regulator |
publishDate |
2022 |
url |
https://research.tilburguniversity.edu/en/publications/59610dd5-2f8d-4390-932c-72106f6838e1 https://doi.org/10.21552/cclr/2022/1/6 https://pure.uvt.nl/ws/files/68683405/Towards_a_European_Principle_of_Independence.pdf http://www.scopus.com/inward/record.url?scp=85137446250&partnerID=8YFLogxK |
genre |
Carbon and Climate Law Review |
genre_facet |
Carbon and Climate Law Review |
op_source |
Lavrijssen , S 2022 , ' Towards a European principle of independence : The ongoing constitutionalisation of an independent energy regulator ' , Carbon and Climate Law Review , vol. 16 , no. 1 , pp. 25-40 . https://doi.org/10.21552/cclr/2022/1/6 |
op_relation |
https://research.tilburguniversity.edu/en/publications/59610dd5-2f8d-4390-932c-72106f6838e1 |
op_rights |
info:eu-repo/semantics/openAccess |
op_doi |
https://doi.org/10.21552/cclr/2022/1/6 |
container_title |
Carbon & Climate Law Review |
container_volume |
16 |
container_issue |
1 |
container_start_page |
25 |
op_container_end_page |
40 |
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1789964461689274368 |