This dissertation was written as part of the LLM in Transnational and European
Commercial
Law, Mediation, Arbitration and Energy Law at the International Hellenic University.
Energy is an important factor for
both
the global economy and the everyday life of people
,
because modern
civilization is based
mostly
on energy.
The EU
energy
policy
intends
to
secure
the Union's energy supply
,
promote
energy efficiency, save
energy, develop
renewable energy sources and promote
the interconnection of
all
energy sources.
This thesis
aims to explore the foundations of the promotion of renewable energy in the context of free
movement of goods and to discuss the matter of dispute in applicable law. The compatibility
between
EU law and national subsidy schemes for renewable energy has become a
fierce
topic of
controversy
.
For a long period, this debate
concentrated
on EU state aid law
.
However, recently the debate has
centralized
on the compatibility between national
renewable energy subsidy schemes and the
fundamental
principle of the free movement of
goods. This dissertation aims to reveal the contradictions of EU legislation, which is
characterized by opposite
trends of coherence and divergence.
Examples from the CJEU
case
-
law
on
national energy
-
related measures that were considered to be in breach of the
provisions of the TFEU on the free movement o
f goods will be illustrated. What are the
conditions that a national measure must meet
in order not to breach EU law? What is the
attitude of the CJEU in relation to environmental protection as a justification for a national
measure which, in principle, is
contrary to the provisions on the free movement of goods?
What is the difference between secondary law and recent CJEU case law and the provisions
of the TFEU on the free movement of goods on the prohibition of discrimination based on the
origin of goods?
The position of the CJEU on national renewable energy systems will be
clarified
.
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