2023/07/01 by Laura Kaschny, Saskia Lavrijssen
Energy · Social Sciences · Business, Management and Accounting · #Global Energy Security and Policy #European and International Law Studies #International Arbitration and Investment Law
paper · pdf · doi:10.1017/s0020589323000271
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.