Izvorni znanstveni članak
https://doi.org/10.30925/zpfsr.46.3.3
Energy Solidarity as an Instrument of Energy Justice: The Development of the Principle Through the Case Law of the Court of Justice of the European Union
Ana Pošćić
orcid.org/0000-0001-7315-0630
; Sveučilište u Rijeci, Pravni fakultet
Narda Krnetić Blečić
orcid.org/0009-0007-9333-8586
; Sveučilište u Rijeci, Pravni fakultet
*
* Dopisni autor.
Sažetak
This paper analyses the development and scope of the principle of energy solidarity in European Union law, with a particular focus on its recent interpretation by the Court of Justice of the European Union (CJEU). The principle of energy solidarity, enshrined in Article 194(1) TFEU, has, since the OPAL judgment, been recognised as a legally binding principle imposing obligations on both Member States and EU institutions. By examining the cases BNetzA v. ACER and Orlen v. Commission, the
paper explores how the CJEU has gradually elaborated the content and limits of the principle’s application. Methodologically, the paper relies on normative-dogmatic and axiological methods to assess whether the principle of energy solidarity can serve as
a legal instrument for implementing the requirements of energy justice. The analysis demonstrates that the distributive dimension of energy justice, concerning the fair allocation of benefits and burdens among various stakeholders within the energy system, is already noticeable in the Court’s case law. At the same time, the paper argues that the principle of energy solidarity has the potential to evolve beyond a purely economic category, encompassing the procedural dimension of energy justice, namely the requirement for transparent and inclusive decision-making in energy policy. It concludes that the CJEU is called upon to further elaborate the material content and legal scope of the principle of energy solidarity, thereby contributing to a clearer definition of its relationship with the energy sovereignty of the Member States.
Ključne riječi
principle of energy solidarity; energy justice; EU law; case law of the CJEU.
Hrčak ID:
340987
URI
Datum izdavanja:
15.12.2025.
Posjeta: 483 *