The independence of national regulatory authorities in EU energy law : recent developments in the case-law of the Court of Justice of the European Union

This policy brief examines recent developments concerning the independence of national regulatory authorities in EU energy law, with a particular focus on the case-law of the Court of Justice of the European Union. It begins by outlining the core elements of the independence requirement and the obligations it imposes on Member States. The brief then highlights the main challenges associated with this requirement and summarises key criticisms found in academic literature. Building on this legislative and scholarly background, the brief analyses three significant Court decisions from 2021, 2024, and 2025 that shed light on the scope and interpretation of the independence requirement. The policy brief concludes by highlighting future avenues to address the identified challenges within the existing legal framework.