The number and role of agencies in the EU has grown significantly, a process often referred to in the EU legal scholarship as agencification. The trend has intensified since the Lisbon Treaty, which codified agencies as part of the EU’s institutional machinery. A new type of independent EU agency, endowed with considerable powers, has emerged, especially in the energy sector. This article focuses on the agencification phenomenon in the EU energy sector and, more specifically, the delegation of power and the use of institutional margins of discretion in that context. While agencies have a margin of discretion within which they can make decisions that have general application, this discretion should be limited to scientific and technical questions; questions of a political nature should fall outside that margin. From a practical point of view, the challenge is that the divide between what is technical or scientific and what is political is not always clear. The article argues that the delegated rule-making by Agency for the Cooperation of Energy Regulator (ACER) in the EU energy sector stretches the boundaries of the Meroni doctrine by subsuming questions that are not solely technical in nature but may involve political discretion as well.
The International Court of Justice (ICJ)’s Advisory Opinion on Obligations of States in Respect of Climate Change, delivered on July 23, 2025, 1 marks a pivotal moment in international climate [...]
The electricity market design reform repositioned capacity markets: they are no longer regarded as last-resort, temporary measures. In practice, their perimeter is also expected to expand, with at least seven [...]
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between [...]
Join our community
To meet, discuss and learn in the channel that suits you best.
We use cookies to help personalise content and provide a better experience. By clicking Accept all, you agree to this, as outlined in our Cookie Policy. To change preferences or withdraw consent, please update your Cookie Preferences.