EU state aid law, WTO subsidy disciplines and renewable energy support schemes: Disconnected paradigms in decarbonizing the grid

Anna Marhold

    Research output: Working paperDiscussion paperOther research output

    426 Downloads (Pure)

    Abstract

    Liberalization of the European internal market for energy by means of unbundling and third party access alone is not enough to make renewable energy on a par with fossil fuels. To increase the production of renewable energy in its Member States, the EU has in place a set of legal instruments to promote the scale up of renewable energy production through i.e. setting binding targets for renewables and providing a legal framework for support schemes. However, while arguably consistent with EU disciplines pertaining to State aid, EU support schemes can easily fall foul of WTO subsidy disciplines. This article argues that EU and WTO law are disconnected paradigms in this respect: EU legislation by its design at-tempts to legitimize support schemes for renewable energy, not necessarily taking into account their consistency with the WTO ASCM. WTO law, on the other hand, currently provides too little space for subsidies that further legitimate policy goals, such as environmental protection and climate change mitigation.
    Original languageEnglish
    PublisherTILEC Discussion Paper
    Pages1-51
    Number of pages51
    Volume2017-029
    Publication statusPublished - 26 Jul 2017

    Fingerprint Dive into the research topics of 'EU state aid law, WTO subsidy disciplines and renewable energy support schemes: Disconnected paradigms in decarbonizing the grid'. Together they form a unique fingerprint.

  • Cite this