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EU Renewable Electricity Law and Policy
From National Targets to a Common Market

Part of Cambridge Studies in European Law and Policy

  • Publication planned for: July 2019
  • availability: Not yet published - available from July 2019
  • format: Paperback
  • isbn: 9781107533240

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About the Authors
  • There are two basic policy tools for promoting renewable electricity: price regulation (feed-in tariffs) and quantity regulation (green certificates). In economic theory, they are equally efficient. Contrary to conventional thinking, the author demonstrates that under real-world conditions, price regulation is more efficient. EU law obliges Member States to put support schemes in place, but leaves their design to national authorities. They need, however, to comply with EU state aid and internal market rules, and their financing may not result in import duties and discriminatory taxation. This book provides a detailed analysis of the decisions practice adopted by the Commission and the case law of the Union Courts. As support schemes mature, has time not come for putting an end to regulatory competition? With huge efficiency gains to be expected, the author expertly examines the political obstacles and sets out three different pathways to achieve EU-wide harmonization.

    • Provides a detailed analysis of all decisions the European Commission has adopted on support schemes for renewable energy
    • Offers a comparison of support scheme developments in the EU and in the US for renewable electricity
    • Presents a complete analysis of regulatory constraints stemming from EU rules on free movement, and prohibition of import duties and discriminatory taxation, as well as from WTO law and investment protection law
    • Outlines and assesses the possibilities for harmonizing support schemes in the EU
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    Reviews & endorsements

    'There is no shortage of publications on legal questions concerning the promotion of renewable energy in the internal electricity market. However [this book] stands out from the crowd. This is, first, due to the approach and eloquence of the author. The presentation convinces because of its linguistic conciseness and the ability of the author to put positions and developments into the bigger picture … the second part, in which the author … discusses the compatibility of national support schemes with the internal market, captivates thanks to the meticulous and competent analysis of the case law of the European Court of Justice. Even in the chapter on the compatibility of national support with State aid law, where one thought that everything had already been written, Rusche succeeds in creating added value for the academic debate by creating a system of case groups … A true pleasure to read and a source of new insights …' Kathrin Dingemann, translated from Europäische Zeitschrift für Wirtschaftsrecht

    'This book is compulsory reading for everyone who wishes to venture out beyond the debate on the actual state with regard to the highly topical subject 'energy revolution' and the associated competitive aspects, and who is looking for new, and at the same time realistic, food for thought as concerns the future support for renewable electricity from a political, legal and economic perspective.' Carolin Klein, European State Aid Law Quarterly

    'In contrast to other contributions, the book under review takes a broader view by analysing regulatory constraints and options under the WTO, the Energy Charter Treaty and even in the transatlantic realm. Most importantly, the book puts the critical question of a harmonisation back on the table. This highly readable and well-organised book thus proves to be not only a valuable reference for academics, but also a timely and good inspiration for EU law-makers in creating an Energy Union.' James Krӧger, European Law Review

    'The author succeeds in a thematically highly interesting manner to link the analysis of national support schemes under different legal and economic angles. This offers the reader the opportunity to get easy access to all the aspects of the discussion on support of renewable electricity, which has taken place in the past years beyond expert circles.' Christian Koenig and Franziska Schramm, translated from Europäisches Wirtschafts- und Steuerrecht

    'The book presents a balanced and useful exposition of the complex historical regulation of the EU electricity market based on renewable energy. This is of general interest as electricity based on renewable energy sources is planned to play a dominating role in the EU by the middle of this century.' Niels I. Meyer, Common Market Law Review

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    Product details

    • Publication planned for: July 2019
    • format: Paperback
    • isbn: 9781107533240
    • length: 290 pages
    • dimensions: 230 x 153 x 15 mm
    • weight: 0.45kg
    • contains: 3 tables
    • availability: Not yet published - available from July 2019
  • Table of Contents

    Introduction
    Part I. 28 National Support Schemes in Regulatory Competition:
    1. Regulation of renewable electricity in the internal electricity market: (still) a preserve of Member States
    2. The regulatory options from an economic point of view: superiority of prices over quantities under real-world conditions
    3. The times they are a-changin'? The evolution of support schemes in Member States over time
    Part II. Regulatory Competition and Union Law Protecting the Internal Market:
    4. Union law on state aid: down for the count, but not knocked out by PreussenElektra
    5. Union law on free movement of goods: the protection of the environment justifies (nearly) everything, except for 'buy European' clauses for equipment
    6. Prohibition of internal customs duties and discriminatory taxation: the sometimes forgotten straightjacket
    Part III. Toward a Common Market for Renewable Electricity?:
    7. 2013 to 2015 – years of upheaval?
    8. Regulatory options for the creation of a common market
    9. Regulatory cross fertilization across the Atlantic.

  • Author

    Tim Maxian Rusche, European Commission
    Tim Maxian Rusche is a member of the Legal Service of the European Commission. Previously, he worked in the European Commission's directorate general for energy and transport, first as case handler assessing the compatibility of state aid with the internal market and then as coordinator for relations with the European Parliament and the Council. He has published extensively on European environmental law and European competition law.

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