The adoption of network codes in the field of energy : availability of judicial review in a multi-stage procedure

The adoption of network codes is a crucial step towards the conclusion of the internal energy market by the year 2014. This paper aims to assess the availability of judicial review in the multi-stage procedure established by the Electricity and Gas Regulations. In this respect, it first provides a brief overview of the establishment of the European Networks of TSOs (ENTSOs), whose expertise serves as the basis for the elaboration of the network codes. Subsequently, it critically assesses the three-stage adoption procedure set in the Regulations. The analysis then shifts to a more normative dimension through the examination of the legal characterization of the basic acts involved in the adoption procedure, namely, the framework guidelines and network codes, and of the availability of judicial review.