Conceptualizing EU Energy Security Through an EU Constitutional Law Perspective

Fordham International Law Journal, Vol. 36, pp. 1224-1300, 2013

Queen Mary School of Law Legal Studies Research Paper No. 148/2013

77 Pages Posted: 14 May 2013 Last revised: 7 Oct 2013

See all articles by Rafael Leal-Arcas

Rafael Leal-Arcas

Queen Mary University of London - School of Law

Andrew Filis

previously associated to QMUL

Date Written: May 13, 2013

Abstract

The principal aim of this article is to provide the reader with an overview of the key legal considerations at play in relation to European Union (EU) energy security. As part of that process, we explore the complexities that contribute to the contentiousness of EU action in relation to certain aspects of energy. While extensive literature exists on discrete aspects of the EU-energy nexus, there is a lack of research contextualizing EU energy security through a constitutional/public law prism. We therefore intentionally take a broad view of the subject. Such an approach is relevant because of the very nature, on the one hand, of the EU, and on the other, of energy, both of which are highly complex. This article provides facts and figures to put EU energy consumption and production into context. It analyzes the legal aspects of EU energy policy, focusing on the changes brought by the Treaty of Lisbon and the challenges the EU faces when aiming for a common energy security policy. It also provides an analysis of the Internal Energy Market and the Energy Community as well as the nexus between EU energy policy and foreign policy. Further, it explains the effects of shale gas extraction on EU energy security and provides an explanation of EU external energy relations at large.

Keywords: EU energy security, EU energy policy, Treaty of Lisbon, common EU energy security policy, Internal Energy Market; Energy Community, shale gas, EU Emissions Trading System, energy transit

Suggested Citation

Leal-Arcas, Rafael and Filis, Andrew, Conceptualizing EU Energy Security Through an EU Constitutional Law Perspective (May 13, 2013). Fordham International Law Journal, Vol. 36, pp. 1224-1300, 2013; Queen Mary School of Law Legal Studies Research Paper No. 148/2013. Available at SSRN: https://ssrn.com/abstract=2264450

Rafael Leal-Arcas (Contact Author)

Queen Mary University of London - School of Law ( email )

67-69
Lincoln's Inn Fields
Holborn, London WC2A 3JB
United Kingdom

HOME PAGE: http://www.ccls.qmul.ac.uk/staff/lealarcas.html

Andrew Filis

previously associated to QMUL ( email )

London, London
United Kingdom

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