Pregledni rad
https://doi.org/10.22598/iele.2025.12.1.10
ENERGY SOLIDARITY REFRAMED THROUGH THE ECJ’S OPAL JUDGMENT
Naod Ghiorgis
; SWPS University Warsaw, Warsaw, Poland
*
* Dopisni autor.
Sažetak
The European Court of Justice’s (ECJ) landmark judgment in the OPAL pipeline case (C-848/19 P) arose amid growing concerns about energy security, market integration, and the equitable distribution of resources within the European Union (EU). This judgment has elevated the principle of energy solidarity from a policy aspiration to a legally binding standard in EU energy law, redefining cross-border infrastructure planning. Grounded in Article 194 of the Treaty on the Functioning of the European Union (TFEU)3 and the Third Gas Directive (2009/73/EC)4, the judgment requires decision-makers to assess projects for their social, economic, and political impacts. The paper employs a legal-analytical methodology, reviewing case law, market dynamics, and academic discourse to assess the broader implications of the judgment. Findings highlight how the ruling reshapes EU energy governance by balancing market efficiency with equitable resource distribution, encouraging diversification through liquefied natural gas (LNG) imports and renewable investments, and fostering stronger Member State cooperation. The analysis concludes that the OPAL judgment establishes a precedent for embedding energy solidarity into EU legal frameworks, reinforcing collective security of supply and aligning infrastructure planning with the Union’s broader strategic goals.
Ključne riječi
energy solidarity; Art. 194 TFEU; OPAL; C-848/19
Hrčak ID:
332626
URI
Datum izdavanja:
24.6.2025.
Posjeta: 525 *