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Renewable Energy Law in Europe

Challenges and Perspectives

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Edited By Franz Jürgen Säcker, Lydia Scholz and Thea Sveen

The law of renewable energies has always been subject to change. Together with the Scandinavian Institute for Maritime Law of the University of Oslo, the Berlin Institute for Energy and Regulatory Law has brought together energy law experts from Great Britain, Norway, Finland and Germany in order to exchange their ideas and perspectives. In 2013 and 2014, the ECJ specified the limits on national support schemes, and the European Commission issued its guidelines on state aid for environmental protection and energy. In an inspiring workshop, these and other important developments regarding renewable energies in the EU and the European Economic Area were discussed. This volume presents various contributions which inform about the conducted debates and encourage further research.
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Seminar Conclusions

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The contributions in this publication have underlined the impact of the new EU Commission guidelines on State aid for environmental protection and energy on the promotion of renewable energies. In addition, Articles 30 and 110 TFEU as limitations to Member States’ renewable energy promotion were assessed with an aim of clarifying the definition of State resources. More importantly, State aid law and the free movement of goods interact. The dialogue between the principle of free movement of goods and national renewable support schemes has triggered a profound legal academic debate. The blurred line between indistinctly and distinctly applicable measures still needs to be clarified by the European Court of Justice.

Renewable energy promotion further requires considerable investments. It is the character of renewable energy disputes in the European Union that has been the focus of attention in this volume. In addition to the priority or guaranteed access regimes stipulated by the RES Directive, renewable energies have entered a heavily regulated area where all investment depends on State policies, State support and the regulatory framework.

In addition, EU renewable energy promotion ultimately depends on and is defined by the competences allocated to the Union by the Member States. Therefore, Article 192 and 194 TFEU cannot be left out of the overall analysis as they are crucial EU primary law provisions. The analysis of their interaction as well as the actual place of renewable energy promotion in the European legal landscape has been described light of...

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