Work

The Independence of National Regulatory Authorities and the European Union Energy Transition

Year: 2023

Type: article

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.

Source: International and Comparative Law Quarterly

DOI: 10.1017/s0020589323000271

Authors: Laura Kaschny, Saskia Lavrijssen

Institution: Tilburg University

Language: English

Topic: Energy Law and Policy

Subfield: Information Systems and Management

Field: Decision Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,255