The principle of energy solidarity clarified: A certain way to uncertainty
The principle of energy solidarity has been elevated by the CJEU to a binding principle. The question remains how this binding principle will now be fitted into the legal order. Whilst it is commendable that the principle of solidarity has been introduced as a binding principle, it arguably raises m...
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Format: | Article |
Language: | English |
Published: |
2022
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8399229 |
Source: | Revista de Derecho Comunitario Europeo, ISSN 1138-4026, Año nº 26, Nº 71, 2022, pags. 149-167 |
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The principle of energy solidarity has been elevated by the CJEU to a binding principle. The question remains how this binding principle will now be fitted into the legal order. Whilst it is commendable that the principle of solidarity has been introduced as a binding principle, it arguably raises more questions than it provides answers. How will the principle of solidarity be assessed in future cases? Is it transposable to other domains of law? …
The current annotation presents an overview of the C-848/19 case between Germany and Poland relating to the OPAL pipeline. Firstly, the context of the proceedings is set out, briefly explaining the path traveled to arrive at the CJEU. Secondly, a commentary of the decision, with a focus on the principle of energy solidarity will take place. The focal point of the commentary will be about the qualification by the CJEU of the principle of energy solidarity as being binding. Moreover, some criticism is made on the way the principle has been interpreted and clarified by the CJEU. Lastly, the annotation will discuss the consequences of the judgment as well. This part focuses not only on the legal aspects but also touches upon the political and practical consequences that the judgment will bring forward.
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