Energy Union Law | Contribution to book
In search of a grand theory of European private law : social justice, access justice, societal justice and energy markets
16 December 2019
BY: Lucila de Almeida, ESPOSITO Fabrizio
A theory is grand when it is bold enough to embody ‘ the sociological imagination’. Among theorists committed to the epistemology of science, grand theorists that embody the sociological imagination are those who seek big visions in order to achieve lucid summations of what is going on in the world. It is the quality of all that is intellectually ambitious to tie micro-levels of reality to explain social reality. In times of specialisation in all social science, H-W Micklitz – the main character in this liber studentium – envisioned the development of a grand theory and stands alongside the grand theorists carefully chosen in his collection Privatrechtstheorie. Since 2007, the European University Institute has been the location of Hans’ intellectual journey to give meaning to Europe’s justice, in contrast to the emerging critique of Europe’ s justice deficit in the aftermath of the Eurozone crisis. This chapter engages with what is arguably the most ambitious outcome of the European Regulatory Private Law Project, namely an account of the justice dimension of the EU. The concept of access justice in European private law, as it stands, deserves deep reflection and extended discussion. In this chapter, however, we intend to do something less ambitious. We intend to start a conversation – something Hans finds very important in academia – on the descriptive, conceptual, and normative attractiveness of access justice. To achieve this end, this chapter is structured as follows. Section II articulates the mature account of access justice and relates it to social and societal justice. Section III put these three concepts of justice into the context of the energy markets, which Hans claimed play a prominent role in EU economic (or private) law. 10 Section IV introduces several critiques to earlier accounts of access justice. In Section V, this allows us to consider how the mature account of access justice addresses them. Section VI concludes.
logo cadmus Read it on Cadmus

LATEST FSR PUBLICATIONS

Technical Report
India has embarked on an ambitious sustainable development pathway by applying a multipronged approach spanning several sectors from developing smart cities to enabling electric vehicles. In the power sector, it [...]
Technical Report
To increase the share of RES-E, governments have designed and implemented promotional policies which provide direct and indirect financial aid to RES-E adapters and developers. These promotional policies include several [...]
Other
About 1,100 TWh of natural gas can be stored in 115 storage facilities in 19 countries in the EU27 area, accounting for 25-30% of European consumption in winter periods. Securing [...]
Other
The outbreak of the Russia-Ukraine war has revived discussions on the EU’s dependence on fossil fuel imports from Russia. To ensure gas diversification, the EU Commission has suggested over a [...]
Other
The recent surge in energy prices has prompted many governments to introduce emergency measures to reduce the impact on consumers’ electricity and gas bills. In its REPowerEU Communication of 8 [...]
Other
Different measures for carbon leakage prevention across Emissions Trading Systems (ETSs) may distort economic competition between firms. The same is true of competition between jurisdictions if decisions on the location [...]

Join our community

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

scroll

top