Energy | Energy Union Law | Other
Legal Feasibility of Schengen-like Agreements in European Energy Policy: The case of nuclear cooperation and gas security of supply
01 March 2012

Authors: AHNER, Nicole; GLACHANT, Jean-Michel; DE HAUTECLOCQUE, Adrien

Editors: GLACHANT, Jean-Michel; MICHETTI, Emanuela

The recent declarations of some European leaders demonstrated a new political impetus towards the Europeanisation of energy policy. Nevertheless, the complex allocation of regulatory competences between the EU and its Member States works against coordination and harmonisation. A possible solution could entail some Member States to promote ad hoc common policies through Schengen-like agreements, i.e., binding international law agreements outside the EU legal framework and thus escaping its formal and procedural requirements. Schengen-like agreements must however comply with the principle of supremacy of Union Law in order to be legally feasible. The compliance with the supremacy principle can be assessed on the grounds of three operational criteria: pre-emption, primacy of EU law and subsidiarity. The legal feasibility assessment conducted in the two areas of nuclear policy and security of gas supply shows that in the former area several of the most important licensing issues could be fruitfully integrated in a Schengen-like agreement.
logo cadmus Read it on Cadmus Download in open access

LATEST FSR PUBLICATIONS

Working Paper
Electrification has moved from a sectoral aspiration to the backbone of the European Union’s decarbonisation strategy, because it alone enables a sustainable break with imported fossil fuels. Yet as this [...]
Article
The energy consumers are entering a new era of digitalisation in the energy market, and as a result, gaining access to innovative offers and services that were before non-existent to [...]
Article
The literature on a ‘just transition’ has grown exponentially over the last decade. The success of the just transition scholarship is due to the earlier endorsement and dissemination of a [...]

Join our community

To meet, discuss and learn in the channel that suits you best.

scroll

top