MSc in Energy Law, Business, Regulation and Policy > Energy Law II

Energy Law II

Teaching hours and credit allocation: 30 hours, 6 credits
Course assessment: coursework + exam

Aims

The aim of this course is to further explore Energy Law by appraising and comparing EU legal instruments and theories. The course builds on the knowledge and skills that students have acquired through the study of the Energy Law I course.

Students will be able to obtain a substantial understanding of the main issues and constraints of the energy regulation procedure as well as the interrelation between EU Energy Law and other areas of EU Law. Students’ attention will be particularly drawn to breaches of EU Competition Law by energy market players and the necessity to implement effective competition in the single EU energy market. Moreover, the course will elaborate upon the issues presented by the free movement of energy under the founding Treaties and its exceptions as well as the contradictions and dilemmas arising from the interaction between EU Energy and Environmental Law. The lecture will be based on a thorough analysis of the basic EU Competition Law normative provisions with an emphasis on their application in the specific field of energy related constellations.

Additionally, students will have the opportunity to thoroughly analyse the State support mechanisms provided for the deployment of renewable energy projects as well as distortions of the electricity market that often adversely affect the financing mechanisms for renewables. The course is also aimed at providing students with the essential theoretical background for analysing contextual topics regarding, among others, normative provisions of EU Energy and State Aid Law pertaining to capacity remuneration mechanisms, pricing policies of state-owned electricity suppliers, possible EU State aid law violations etc.

One of the core problems of energy regulation, the legal evaluation of State financial interventions in the energy market, will be thoroughly examined taking as example the case study of State financing of SGEI’s (PSO’s) in the energy sector.

From an International Law viewpoint, students will be introduced to the Energy Charter Treaty (ECT), a unique multilateral framework conceived and promoted by the EU with a view to enhancing international cooperation in the Energy Sector, which serves as a legal basis for the creation of an open international energy market founded upon the principles of secure energy supply and sustainable economic development.

Learning outcomes

  • On completion of the course students will be able to:
  • understand the fundamental principles of energy regulation
  • understand the aims and the development of the European Energy Market
  • understand the substantive protections to foreign investors when investing in ECT states
  • understand the interaction of EU Competition and State Aid Law with energy regulation
  • comprehend the legal framework of EU regulation of the Energy Sector
  • critically evaluate national and international investment protection and its investment dispute resolution systems
  • analyse the state support mechanisms provided for the deployment of renewable energy projects and critically evaluate the State intervention in existing remuneration schemes for RES

Content

  • EU Competition Law in the Energy Sector;
  • EU State Aid Law;
  • Energy Charter Treaty;
  • EU Directives;
  • International investment protection;
  • Dispute Resolution in the Energy Sector;
  • Energy Arbitration.