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Reassessing EU Energy Solidarity: Legal Implications and Challenges in the Aftermath of the CJEU’s Final Decision in the OPAL Case C-848/19 P

Author

Listed:
  • Keypour Javad

    (Javad Keypour, energy expert, Stockholm Environment Institute (SEI) Tallinn Center.)

  • Trindade Marina Dutra

    (Marina Dutra Trindade, legal intern, Stockholm Environment Institute (SEI) Tallinn Center)

  • Terletska Marta

    (Marta Terletska, legal intern, Stockholm Environment Institute (SEI) Tallinn Center)

Abstract

The CJEU’s final ruling in the OPAL case underscores the evolution of the solidarity principle from a political guideline to an autonomous legal tenet, significantly impacting Member States’ energy decisions. This paper critically examines the legal implications and challenges arising from the reinterpretation of the energy solidarity principle in the OPAL case, which concluded in the summer of 2021. Focused on Article 194 TFEU, the research delves into the question of balance between EU and Member States’ authority in energy policymaking, especially amidst divergent views on external energy relations with Russia. Against the backdrop of geopolitical shifts and responses to the 2022 Russian invasion of Ukraine, this study sheds light on the legal repercussions for the Member States’ energy decisions in the aftermath of the OPAL case, exploring nuanced challenges in fostering a cohesive energy policy within the EU.

Suggested Citation

  • Keypour Javad & Trindade Marina Dutra & Terletska Marta, 2023. "Reassessing EU Energy Solidarity: Legal Implications and Challenges in the Aftermath of the CJEU’s Final Decision in the OPAL Case C-848/19 P," European Studies - The Review of European Law, Economics and Politics, Sciendo, vol. 10(2), pages 78-97.
    • Handle: RePEc:vrs:eurstu:v:10:y:2023:i:2:p:78-97:n:1004
    DOI: 10.2478/eustu-2023-0013
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