Speciality Public Law
Library of the School of Law

2021-02-09

2021

Gravanis Panagiotis

Αικατερίνη Ηλιάδου, Αναπληρώτρια Καθηγήτρια, Νομική Σχολή ΕΚΠΑ, Τομέας Δημοσίου Δικαίου.

Ουσιώδεις Υποδομές και Ρύθμιση Αγοράς Ενέργειας

Greek

Essential Facilities and Regulation of the Energy Sector

This study aims to investigate the application of the “essential facilities doctrine” in the energy sector and to define its relation with sectoral regulation, in view of the modern challenges. First, a comprehensive understanding of the doctrine is attempted (origin, conditions and legal effects of its application, possible negative impacts). The holistic view of the doctrine supports the critical assessment of its application in the energy sector, where a “quasi-regulatory” use by the European Commission is found in the recent past. Next, the provisions of the sectoral regulation on the third-party access right are examined and an attempt is made to determine the relation between the latter and the doctrine. It is concluded that securing access to networks through the essential facilities doctrine and the Council Regulation (EC) No 1/2003 was an important factor in promoting the liberalization of European energy markets. The question arises whether the doctrine can contribute to the decarbonization of the energy sector. Finally, this paper highlights the ongoing discussion on finding a regulatory framework for energy networks that can meet the modern challenges.

Law and Legislation

Public Law

Energy Law, Network, Essential Facilities Doctrine, Competition Law, Liberalization, Green Deal

No

0

No

47

73

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https://pergamos.lib.uoa.gr/uoa/dl/object/2934743