The independence of national regulatory authorities and the European Union energy transition

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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.
Original languageEnglish
Pages (from-to)715-736
Number of pages22
JournalThe International and Comparative Law Quarterly
Volume72
Issue number3
DOIs
Publication statusPublished - 13 Jul 2023

Keywords

  • national regulatory authorities
  • energy transition
  • network tariffs
  • EU law
  • energy law
  • Dutch law

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