Revising Treaties to Impose Renewable Energy Production
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Themes
European Union, renewable energy, treaty revision, energy production, TFEU, TUE, EU competences, member state powers, energy crisis, European Commission
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Abstract
Analysis of the feasibility of a commission project to revise treaties imposing energy production from renewable resources, considering EU competences and member state powers.
Extract
[...] Is a project to revise treaties submitted by the commission imposing energy production from renewable resources possible? [...]
[...] In this case, the European Commission can adopt this new act aimed at banning the production of energy from non-renewable sources in the Union. According to the revision procedure of Article 48 of the TUE, the Commission can submit its project to the Council, which will transmit it to the European Council and national parliaments. The application of Article 48 of the Treaty on the European Union would lead to a revision of the treaties, which could possibly give more powers to the Union. The Commission can therefore propose this project to ban member states from producing energy from non-renewable sources. [...]
[...] The Regulation 2017/1938 also comes in the way of this project, as if member states must facilitate the Union's objectives to combat an energy supply crisis, adopting a project as restrictive would it not compromise the implementation of this regulation? If the revision procedure were to be adopted, the possible drafting would be as follows: 'Member states of the European Union are obliged to produce energy from non-renewable resources from November 2022'. A possible interpretation of the provision is possible in order to adjust to member states. [...]
