Renewable Energy Policy in the EU : A Contribution to Meet International Climate Protection Goals?

The legal and political interrelations between national and EU energy policy competencies and the actual policies are multifaceted. In order to really understand those interrelations one has to analyse both the formal competencies of the EU as enshrined in the Treaty and the actual EU policies with direct and indirect impact on the choice of energy sources. Member States have some freedom in defining a suitable national energy mix, which however is bound to the general EU rules in the areas of the internal energy market and environment policies, namely EU climate policies. The Lisbon Treaty has introduced new provisions for an energy competence, which - as we will show in detail - has only incrementally changed the limited EU role in steering directly national energy policies. The EU impact on the national energy mix is predominantly indirect, yet powerful.So even if in the sphere of energy policy considerable national leeway persists, which can be used for organizing a national energy transition towards a renewable energy based electricity system like the one in Germany, the success of such an energy transition depends very much upon a supporting EU policy framework, especially as regards climate mitigation, special conditions for renewable energy and dedicated infrastructure development. Such a supporting EU framework is emerging, but it is far from being stable and consistent in the view of the long term requirements for a low carbon economy. Our overall argument is that easy fixes do not work. Considering the different national preferences on the energy mix, it is premature to ask for a full-fledged EU energy competence leading to a harmonised support system for renewables. And nevertheless the emerging climate and renewables policies could also be a driver for deepened energy integration – rather as a bottom-up than a top-down process.The chapter is divided in two parts: Part B contains a legal analysis of the new allocation of competence between Member States and the EU under the Lisbon Treaty, Part C contains the analysis of the emerging EU policy framework for decarbonisation and renewable energy