- Author
- Simon Vanhove (UGent)
- Organization
- Abstract
- This article identifies ‘locality’ as an overarching concept in EU energy law. This has two consequences. First, it highlights the need for coherent law-making on EU level, specifically by avoiding multiplication of similar-but-not-identical concepts. Second, I argue locality can be considered a specific expression of subsidiarity. To support these claims, this article takes Belgium as a case study for diverse interpretations of this locality concept in Member State law. This is done by an analysis of both regional legislation and the regulator’s decision practice. Furthermore, I revisit theory on the EU constitutional principle of subsidiarity. Finally, a counter-example is offered: the second generation of network codes and guidelines will increasingly impact ‘local’ aspects of the electricity markets. In conclusion, locality serves a double theoretical role: it offers a descriptive classification for EU energy law and provides a substantive hermeneutic tool for subsidiarity assessments.
- Keywords
- EU energy law, Clean Energy Package, subsidiarity, locality, proximity, single market, integration, harmonization, network codes and guidelines
Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-01J49X7QBG4SWV42NT9DYWP1M1
- MLA
- Vanhove, Simon. “Locality in EU Energy Law.” EUROPEAN ENERGY AND ENVIRONMENTAL LAW REVIEW, vol. 29, no. 6, 2020, pp. 220–31, doi:10.54648/eelr2020046.
- APA
- Vanhove, S. (2020). Locality in EU energy law. EUROPEAN ENERGY AND ENVIRONMENTAL LAW REVIEW, 29(6), 220–231. https://doi.org/10.54648/eelr2020046
- Chicago author-date
- Vanhove, Simon. 2020. “Locality in EU Energy Law.” EUROPEAN ENERGY AND ENVIRONMENTAL LAW REVIEW 29 (6): 220–31. https://doi.org/10.54648/eelr2020046.
- Chicago author-date (all authors)
- Vanhove, Simon. 2020. “Locality in EU Energy Law.” EUROPEAN ENERGY AND ENVIRONMENTAL LAW REVIEW 29 (6): 220–231. doi:10.54648/eelr2020046.
- Vancouver
- 1.Vanhove S. Locality in EU energy law. EUROPEAN ENERGY AND ENVIRONMENTAL LAW REVIEW. 2020;29(6):220–31.
- IEEE
- [1]S. Vanhove, “Locality in EU energy law,” EUROPEAN ENERGY AND ENVIRONMENTAL LAW REVIEW, vol. 29, no. 6, pp. 220–231, 2020.
@article{01J49X7QBG4SWV42NT9DYWP1M1,
abstract = {{This article identifies ‘locality’ as an overarching concept in EU energy law. This has two consequences. First, it highlights the need for coherent law-making on EU level, specifically by avoiding multiplication of similar-but-not-identical concepts. Second, I argue locality can be considered a specific expression of subsidiarity. To support these claims, this article takes Belgium as a case study for diverse interpretations of this locality concept in Member State law. This is done by an analysis of both regional legislation and the regulator’s decision practice. Furthermore, I revisit theory on the EU constitutional principle of subsidiarity. Finally, a counter-example is offered: the second generation of network codes and guidelines will increasingly impact ‘local’ aspects of the electricity markets. In conclusion, locality serves a double theoretical role: it offers a descriptive classification for EU energy law and provides a substantive hermeneutic tool for subsidiarity assessments.}},
author = {{Vanhove, Simon}},
issn = {{1879-3886}},
journal = {{EUROPEAN ENERGY AND ENVIRONMENTAL LAW REVIEW}},
keywords = {{EU energy law,Clean Energy Package,subsidiarity,locality,proximity,single market,integration,harmonization,network codes and guidelines}},
language = {{eng}},
number = {{6}},
pages = {{220--231}},
title = {{Locality in EU energy law}},
url = {{http://doi.org/10.54648/eelr2020046}},
volume = {{29}},
year = {{2020}},
}
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