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In Search of the Legal Basis for Environmental and Energy Regulation at the EU Level: The Case of Unconventional Gas Extraction
Author(s) -
Reins Leonie
Publication year - 2014
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12057
Subject(s) - renewable energy , shale gas , context (archaeology) , treaty , energy security , promotion (chess) , political science , business , law and economics , law , oil shale , economics , politics , engineering , geography , waste management , archaeology , electrical engineering
The relation of the energy and environmental competences in the E uropean U nion ( EU ) in terms of renewable energy and its promotion and impact on climate change has been subject to intense academic discussion as well as to judicial review. The general tendency is for measures regarding renewable energy to be passed on both competences, depending on the specific content and objective. Other forms of energy, however, have not been included in this debate. The outcome outside the area of renewable energy is expected to be quite different. Shale gas extraction, for example, is associated with negative, or at least problematic, environmental impacts, alongside the benefits it offers to the security of the EU's energy supply. Consequently, the question of competence is not straightforward. This article analyzes the interplay and conflicts between the energy and environmental titles of the Treaty on the Functioning of the E uropean U nion in the context of shale gas activities. The article further explores the importance of ‘significance’ in this setting, and how this concept is crucial in determining the appropriate decision‐making procedure to pass a legal measure on shale gas in practice.