EU climate law sans frontières: The extension of the 2030 Framework to the Energy Community contracting parties

Abstract

As challenging as meeting the 2030 climate and energy targets will be for the European Union (EU), it is the decision to extend the 2030 Framework to the contracting parties of the Energy Community (EnC) which will arguably require a truly Herculean effort. In 2018, the contracting parties agreed to adapt the revised Energy Efficiency and Renewable Energy Directives, and the Energy Union Governance Regulation. However, the EnC parties face significant obstacles, while the Energy Community has limited compliance mechanisms. This article examines the Energy Community as a hybrid legal space in which the European Commission, EnC Secretariat and contracting parties co-create legal order. It investigates major challenges to the extension of the 2030 Framework to the Energy Community, including the EnC’s structure and composition, weaknesses in national implementation and a limited dispute resolution regime. The article also reflects on the role of law in the external dimension of EU climate policy.