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Author: Saskia Lavrijssen

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Towards a European Principle of Independence: The Ongoing Constitutionalisation of an Independent Energy Regulator journal article open-access

Saskia Lavrijssen

Carbon & Climate Law Review, Volume 16 (2022), Issue 1, Page 25 - 40

This article analyses recent case law of the European Court of Justice in which the European requirements concerning the political independence of national regulatory authorities in the energy sector were interpreted in a broad way. These judgements were delivered in a time in which a strong independent authority plays a crucial role in the acceleration of the energy transition by safeguarding fair market access to new entrants offering innovative energy services. At the same time, the European developments towards a politically independent regulatory authority with discretionary, regulatory, powers is at odds with the way the democracy principle and the legality principle have traditionally been interpreted in several Member States, such as in the Netherlands and Germany. However, it is argued that the latter principles do offer scope for a different interpretation than the more traditional one of the principle of legislative supremacy. A condition, however, is that accountability mechanisms must be improved to provide citizens a legal guarantee that they can have a say and that the regulatory authority can be held accountable by the courts.

Make Hydrogen Whilst the Sun Shines: How to Turn the Current Momentum into a Well-Functioning Hydrogen Market? journal article open-access

Saskia Lavrijssen, Blanka Vitéz

Carbon & Climate Law Review, Volume 14 (2020), Issue 4, Page 266 - 280

The energy transition calls for greater interdependency between different energy infrastructures and energy carriers to ensure an effective integration of renewable energy into the energy system. The energy sector’s legislative framework and legal safeguards, however, are still largely based on the traditional market model, designed for centrally managed, fossil fuel-based, and large-scale production units for the supply of energy. Regulation is also fundamentally based on the idea that energy markets are separate. The role of hydrogen as a flexible energy vector – allowing for interaction between different energy markets – is not yet accounted for. Regulation and integration of newer energy carriers into the energy system, like the hydrogen market, is a challenge. This is all the more so in light of the uncertainties on how the hydrogen market will develop. This contribution assesses how good regulation of the hydrogen market can be attained. For this assessment, the principles of good regulation provide a foundation for developing a normative framework to identify ‘good regulation’ and good regulatory strategies. It is suggested that considering uncertain market developments, the use of a regulatory sandbox can offer a practical solution to assess what good regulation for the hydrogen market could entail.

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