Energy Policy after Lisbon

Leigh Hancher and Francesco Maria Salerno

in EU Law after Lisbon

Published in print January 2012 | ISBN: 9780199644322
Published online May 2012 | e-ISBN: 9780191738173 | DOI:
Energy Policy after Lisbon

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Aside from coal, with the late European Coal and Steel Community Treaty (which expired on 23 July 2002) and nuclear, with the European Atomic Energy Treaty, energy has never had any specific legal basis in primary EC law. This has changed with the Lisbon Treaty and the adoption and entry into force of the new Article 194 TFEU. Article 194 TFEU codifies the existing objectives and instruments of European energy policy and links them explicitly. This chapter aims to analyse this new provision and to uncover its strengths and weaknesses as well as providing an analysis of the relationship between Article 194 TFEU and other relevant treaty provisions. This new provision does not allocate new competences to the Union and could arguably weaken the existing foundations of EU energy policy. Therefore, following an analysis of Article 194 TFEU in respect of EU energy policy, this chapter asks what changes is made at EU level.

Keywords: EU energy policy; legal basis; TFEU; Article 194

Chapter.  17676 words. 

Subjects: EU Law

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