The enforcement of European energy law outside the European Union

Buschle, Dirk

doi:10.4337/eecj.2016.01.03

Cited by 2 publications

(1 citation statement)

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“…In order to avoid slippage and difference, and to ensure homogeneity, the EnC updates its commitments in accordance with EU energy law developments. Consequently, to keep pace with developments in the EU, in 2016 the EnC decided to update the ECT (Buschle, 2016b).…”

Section: North American and European Energy Regionalismmentioning

confidence: 99%

Comparative Energy Regionalism: North America and the European Energy Community

Herman

Ariel

2021

Review of Policy Research

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Although literature on energy cooperation highlights that cooperation is more successful at the regional level, it largely fails to understand and conceptualize energy cooperation as part of the wider phenomenon of regionalism. Energy cooperation tends to be analyzed through prisms of security and geopolitics, thus, downplaying other important regional integration processes. The present paper addresses this lacuna, defining energy regionalism and conceptualizing its various dimensions, logics, motivations, and interests. We apply a comparative perspective, examining two regions which exhibit extensive energy cooperation yet differ in several ways: North America and the European Energy Community. Our findings suggest various trajectories and models, and indicate that formal institutionalization is neither a necessary condition for nor a guarantee of strong energy regionalism. We discern that regional anchor is key in North American and European energy regionalism.

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Section: North American and European Energy Regionalismmentioning

confidence: 99%

Comparative Energy Regionalism: North America and the European Energy Community

Herman

Ariel

2021

Review of Policy Research

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Enforcement of EU Values as a Political Endeavour: Constitutional Pluralism and Value Homogeneity in Times of Persistent Challenges to the Rule of Law

Mader

2018

Hague J Rule Law

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The EU's foundational values democracy, human rights and rule of law are shared by the Member States and rooted in their constitutional traditions. Constitutional pluralism recognises the legitimacy of parallel legal systems. Pluralism however cannot provide answers when it comes to the design and enforcement of foundational values, which require homogeneous acceptance throughout the Union. Deficiencies affect the entire Union legal order. The argument of national identity in Art. 4(2) TEU must not be construed as a means to undermine the application of the law, but is an EU-law internal counterbalancing instrument. This is of relevance because, when addressing systemic deficiencies, the enforcement under Art. 7 TEU may interfere with effectively internal matters of Member States. In order to protect common values the EU has to avail itself of safeguarding competences under Union law, even in areas outside of application of EU law stricto sensu (the acquis). Using the example of the rule of law, it can be demonstrated that value protection is a predominantly political task that calls for political solutions together with effective rule of law dialogues, and needs EU institutions to act as facilitators and guardians of the treaties by making use of the enforcement instruments under Art. 7 TEU and Art. 258 TFEU. In parallel, a culture of values could be fostered by an evidence-based monitoring within a new instrument of "CVM for all" (Cooperation and Verification Mechanism). Abbreviations AsiaEurJ Asia Europe Journal AVR Archiv der Völkerrechts BVerfG Bundesverfassungsgericht BVerfGE Registry of decisions (Entscheidungssammlung) of Bundesverfassungsgericht

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The enforcement of European energy law outside the European Union

Cited by 2 publications

References 0 publications

Comparative Energy Regionalism: North America and the European Energy Community

Comparative Energy Regionalism: North America and the European Energy Community

Enforcement of EU Values as a Political Endeavour: Constitutional Pluralism and Value Homogeneity in Times of Persistent Challenges to the Rule of Law

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