Free Movement and the Energy Sector in the European Union: The Role of the European Court of Justice

The book analyzes the case-law of the European Court of Justice on free movement in the energy sector, covering cross-border energy trade and energy investments. It tracks the development of the legislative framework and highlights the political and economic nuances.

Format: Paperback / softback
Length: 264 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate examination of the case-law of the European Court of Justice (ECJ) concerning the free movement of energy within the European Union (EU). Authored by Sirja-Leena Penttinen, the book offers a detailed and insightful analysis of the interpretation and application of the free movement provisions in the energy sector, which permit cross-border energy trade and energy investments. Through a detailed analysis of ECJ case-law, Penttinen traces the evolution of the legislative framework at the EU level in response to the rapid growth of the energy sector, while also shedding light on the various political and economic nuances at play. Additionally, the book explores the dynamic relationship between the EU Member States, their regulatory autonomy, the EU legislator, the Commission, and the Court in the establishment of the EU internal energy market.

Taking a coherent and systematic approach, this volume is of immense interest to scholars of EU law and energy policy, as well as policymakers and professionals working in the energy sector. It provides valuable insights into the legal framework governing energy trade within the EU and the complex interplay between different stakeholders in shaping the EU's energy policies.

The book is organized into five chapters, each dedicated to a specific aspect of the free movement of energy within the EU. In the first chapter, Penttinen provides an overview of the legal framework governing energy trade within the EU, including the relevant EU treaties, regulations, and directives. She also discusses the key principles of free movement, such as the principle of non-discrimination and the principle of mutual recognition.

In the second chapter, Penttinen examines the ECJ's case-law on the free movement of energy goods within the EU. She explores the criteria used by the Court to determine whether energy goods are subject to restrictions or limitations on trade, such as quality standards, safety requirements, and environmental protection measures. Penttinen also discusses the role of the EU's internal energy market in facilitating the free movement of energy goods and the challenges faced by the market in achieving its objectives.

In the third chapter, Penttinen explores the free movement of energy services within the EU. She examines the criteria used by the Court to determine whether energy services are subject to restrictions or limitations on trade, such as licensing requirements, regulatory frameworks, and competition rules. Penttinen also discusses the role of the EU's internal energy market in facilitating the free movement of energy services and the role of competition law in promoting competition and ensuring fair competition within the energy sector.

In the fourth chapter, Penttinen examines the free movement of capital in the energy sector. She explores the criteria used by the Court to determine whether capital investments in the energy sector are subject to restrictions or limitations on trade, such as national security considerations, public interest considerations, and competition rules. Penttinen also discusses the role of the EU's internal energy market in facilitating the free movement of capital and the challenges faced by the market in achieving its objectives.

In the fifth chapter, Penttinen concludes the book by discussing the implications of the ECJ's case-law on the free movement of energy within the EU. She examines the impact of the Court's decisions on the development of the EU's energy policies, the role of the EU's internal energy market in achieving its objectives, and the challenges faced by the market in the future. Penttinen also suggests potential areas for further research and policy development in the energy sector.

Overall, this comprehensive book offers a valuable contribution to the field of EU law and energy policy. It provides a detailed and insightful analysis of the ECJ's case-law on the free movement of energy within the EU, while also shedding light on the political and economic nuances at play. The book is well-structured, accessible, and informative, making it an essential resource for scholars, policymakers, and professionals working in the energy sector.

Dimension: 234 x 156 (mm)
ISBN-13: 9780367497361