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Showing 1 - 2 of 2 matches in All Departments
Energy Transitions: Regulatory and Policy Trends highlights the recent developments in EU energy law and underlying policy aspects that shape the regulatory approach to energy.By acknowledging the multidisciplinary nature of energy law, its close relationship with policy issues and its development as an evolving new sector-specific legal field, this book reflects the multifaceted nature of EU energy law by focusing on the most topical issues of EU energy law and policy today.It examines regulatory and institutional developments in EU energy law, the case law of the Court of Justice in the field of energy, and different policy dimensions and external aspects of EU energy law. The themes covered include: capacity mechanisms, interactions between EU and international organisations and jurisdictions outside the EU, application of general EU law to the energy sector, sustainability aspects such as the current state of renewable energy support schemes and waste-to-energy processes, underground gas storage facilities, and various aspects of shale gas developments in the EU.Energy Transitions: Regulatory and Policy Trends is of importance for academics and students as well as practitioners and policy makers working in the field of energy law.
Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pecheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pecheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.
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