Conceptualizing EU Energy Security Through an EU Constitutional Law Perspective
Fordham International Law Journal, Vol. 36, pp. 1224-1300, 2013
77 Pages Posted: 14 May 2013 Last revised: 7 Oct 2013
Date Written: May 13, 2013
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
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