ENLR - European Networks Law & Regulation Quarterly

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The search returned 2 results.

Rozeta Karova

European Networks Law & Regulation Quarterly, Volume 3 (2015), Issue 3, Page 176 - 186

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.

Rozeta Karova

European Networks Law & Regulation Quarterly, Volume 2 (2014), Issue 2, Page 106 - 120

This paper discusses the effects of the implementation of the EU electricity acquis in the Energy Community (EnC) Contracting Parties, where the social, economic and political conditions are different from those in the old EU Member States. The liberalization of the electricity industry has had an important impact on social issues such as tariff reforms as well as affordability in these countries. To balance this impact, the EnC countries must be able to use mechanisms from the EU electricity acquis such as Public Service Obligation (PSO). This paper assesses whether the PSO provisions from Directive 2003/54/EC have been properly used as a regulatory tool aimed at addressing the impact of the liberalization of the electricity sectors in the Contracting Parties, or whether its only served as a justification to excessively regulate the end-users’ electricity prices.

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