The EU Sustainability Model at the crossroads of a leadership on climate policy and the failure of a strong energy integration. A fragmented european scenario

• Autores: María Dolores Sánchez Galera
• Localización: Desafíos de la Acción Jurídica Internacional y Europea frente al cambio climático / coord. por Rosa María Giles Carnero, 2018, ISBN 978-84-17466-28-2, págs. 155-171
• Idioma: inglés
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• Resumen

  • Energy issues have always been at the heart of European integration, nonethe-less, energy topics such as climate change policy, renewable energies and energy govern-ance, had only gained growing importance on the EU's policy and regulation agenda fol-lowing the evident "environmentalisation" of Energy law under the auspices of "sustainability" and more recently thanks to the EU Energy strategy to tackle Climate Change problems. This paper gives an overview of how this particular field of policy action shows why the EU's legal system is on one side, profoundly engaged on fighting climate change and leading an effective global governance (as well as leadership) to contrast the effects of human action on it and; on the other side, the EU is profoundly affected by paradoxes and obstacles hampering the effective enhancement of the EU regulatory framework for Member States to reach the same direction towards the energy transition. This, of course, puts at risk the whole integration process and the integrity of a solid European legal framework that should aim for one important "mandatory" direction: "sustainability". The current analyses asserts the idea that there is an EU integrated environmental and energy policy fostering important consequences at constitutional, institutional and administrative level for the Member States. Still, our analyses looks at the challenges that the new shared competences on Energy Law at European level and the integrated approach of Energy and Environment under the paradigm of "sustainability" introduced by the EU Constitutional framework pose to current and future litigation matters in Europe considering our different geopolitical situations, and the EU multispeed scenario on building energy efficiency solutions and climate change action in the different Member States.