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The Application of the EU Constitutional Principles in the Energy Community

Reaping the Full Benefits of Regional Integration

Rozeta Karova


This paper aims at analyzing whether and to what extent the EU constitutional principles elaborated by the ECJ case law (direct effect, primacy and State liability) may be applicable in the context of the Energy Community. Although the Energy Community Treaty is a sector specific agreement, its wording and its objectives closely resemble the EU Treaty. In addition, under Article 94 of the Energy Community Treaty, the Treaty provisions should be interpreted in the light of the ECJ case law. The paper discusses the legal nature of the Energy Community Treaty and the potential application of the EU constitutional principles within the Energy Community legal order. It further analyzes the status of international agreements in the constitutions of the Contracting Parties, in order to verify whether the direct effect and primacy of the Energy Community Treaty could be recognized in these countries in conformity with their constitutional arrangements. Finally, it outlines the benefits deriving from the explicit recognition of the EU constitutional principles in the Energy Community Treaty, in order to strengthen the degree of enforcement of Energy Community Law in the Contracting Parties.

Ph.D., Energy Lawyer at the Energy Community Secretariat, Vienna (Austria). The views presented in this paper are personal views of the author and do not reflect the official position of the Secretariat.The author is very grateful to Dr. Marco Botta for the useful and inspiring comments on this paper. All mistakes nonetheless stay on the author.

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