Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
Energy Community SecretariatEnergy Community Secretariat
Rozeta Karova, Ph.D.
What is wrong with Energy
Community law enfo...
Energy Community SecretariatEnergy Community Secretariat 2
Outline
1. Energy Community enforcement system – status quo
2. ...
Energy Community SecretariatEnergy Community Secretariat 3
Enforcement: Dispute Settlement Mechanism
Art.90-93 EnCT: Failu...
Energy Community SecretariatEnergy Community Secretariat 4
Enforcement: Dispute Settlement Mechanism
Vienna Forum on Europ...
Energy Community SecretariatEnergy Community Secretariat 5
Why it does not work?
EnC dispute settlement procedure
1. Main ...
Energy Community SecretariatEnergy Community Secretariat 6
Why it does not work?
Other options
1. Energy Community enforce...
Energy Community SecretariatEnergy Community Secretariat 7
EnC dispute settlement in action
 Non-transposition and non-im...
Energy Community SecretariatEnergy Community Secretariat 8
The future...
1. Establishing a judicial body would:
 introduc...
Energy Community SecretariatEnergy Community Secretariat 9
www.energy-community.org
Thank you
for your attention!
Vienna F...
Upcoming SlideShare
Loading in …5
×

What is wrong with Energy Community law enforcement?

935 views

Published on

Rozeta Karova presents at the Vienna Forum on European Energy Law, 2015

Published in: Law
  • Be the first to comment

  • Be the first to like this

What is wrong with Energy Community law enforcement?

  1. 1. Energy Community SecretariatEnergy Community Secretariat Rozeta Karova, Ph.D. What is wrong with Energy Community law enforcement? Energy lawyer, Energy Community Secretariat Vienna Forum on European Energy Law, 13 March 2015, Vienna 1
  2. 2. Energy Community SecretariatEnergy Community Secretariat 2 Outline 1. Energy Community enforcement system – status quo 2. Why it does (not) work 3. Reform of the existing Energy Community enforcement system Vienna Forum on European Energy Law, 13 March 2015, Vienna
  3. 3. Energy Community SecretariatEnergy Community Secretariat 3 Enforcement: Dispute Settlement Mechanism Art.90-93 EnCT: Failure of CP to comply with EnC law Vienna Forum on European Energy Law, 13 March 2015, Vienna Reasoned Opinion by ECS (or CP or ECRB) Detailed statement of reasons CP concerned to comply with EnC law Reply by CP concerned Opening Letter by ECS CP concerned submits observations in 2 months Reply by CP concerned Preliminary procedure Complaint by private body *Broad standing Notification by Party or ECRB ECS initiative
  4. 4. Energy Community SecretariatEnergy Community Secretariat 4 Enforcement: Dispute Settlement Mechanism Vienna Forum on European Energy Law, 13 March 2015, Vienna Ministerial Council – binding decision Existence of a breach Existence of a serious and persistent breach + sanctions Dismissal of a complaint (partially / entirely) Advisory Committee opinion * 3 members + EU representative Procedure before the Ministerial Council Request by ECS, Party or ECRB Proposal for a decision Reply by CP concerned
  5. 5. Energy Community SecretariatEnergy Community Secretariat 5 Why it does not work? EnC dispute settlement procedure 1. Main characteristics of the existing EnC dispute settlement:  Political mechanism which does not lead to a judicial decision  Infringement against Contracting Parties only no direct actions (no right of appeal) no preliminary references  No disputes between private parties & No investor-State disputes 2. Draw-backs and limits to such dispute settlement:  Political nature  No Court  No effective (dissuasive) and adequate sanctions Vienna Forum on European Energy Law, 13 March 2015, Vienna
  6. 6. Energy Community SecretariatEnergy Community Secretariat 6 Why it does not work? Other options 1. Energy Community enforcement system => one of the weakest points of the Energy Community & constant calls for its improvement 2. Other protection of Energy Community values and legal rules  national courts  Problems beyond the energy sectors => weak institutions; lack of functioning judiciary; lengthy proceedings...  Direct applicability of EnC law & State liability => not used  international arbitration  not suitable for domestic undertakings & small investors Vienna Forum on European Energy Law, 13 March 2015, Vienna
  7. 7. Energy Community SecretariatEnergy Community Secretariat 7 EnC dispute settlement in action  Non-transposition and non-implementation cases  Areas of law beyond energy (State aid; environment; energy efficiency; RES)  Cases against one or more CPs (lack of common coordinate congestion management method x 6 CPs)  Issues not dealt in EU  Cost-reflectivity of tariffs  Local content requirement  Lack of unbundling  Positive results in preliminary procedure by ECS - pursuasiveness of legal arguments (reliance on free movement; competition; general legal principles, ECJ case law when available), bilateral negotiations  Limits: politically sensitive cases and/or weak not pursuasive sanctions Vienna Forum on European Energy Law, 13 March 2015, Vienna
  8. 8. Energy Community SecretariatEnergy Community Secretariat 8 The future... 1. Establishing a judicial body would:  introduce judicial protection  de-politicize the enforcement system  overcome a possible dead-lock in the Ministerial Council  allow interpretation of the Treaty and applying the EU constitutional principles  contribute to development of EU energy law 2. Revision of the system of sanctions would: => Increase compliance with EnC law – ensure timely and effective implementation Vienna Forum on European Energy Law, 13 March 2015, Vienna
  9. 9. Energy Community SecretariatEnergy Community Secretariat 9 www.energy-community.org Thank you for your attention! Vienna Forum on European Energy Law, 13 March 2015, Vienna

×