Climate Protection and Energy Security in European Union Law

Verónica Fino Simões – nº 140 121 171

ELPIS v-LAW Review No. 5/2022

"Climate Change requires Global Change of Law" – Professor Vasco Pereira da Silva & "Climate Protection and Energy Security in European Union Law" – Professor Claas Friedrich Germelmann.

Dear Professor Vasco Pereira da Silva and Colleagues,

As someone deeply concerned about the climate crisis, I was intrigued to watch these two video articles by Professor Vasco Pereira da Silva, where the professor explains the project in concrete and invites other professors to talk about the theme of "Climate Change requires Global Change of Law". The current legal framework for addressing climate change is insufficient, and we need to make significant changes if we want to tackle this urgent issue effectively and in a proper namer to address the subject.

Regarding what I previously stated, I would like to address the video from Professor Claas Friedrich Germelmann – from the Gottfried Wilhelm Leibniz Universität Hannover (University of Hannover). The theme chosen by this university teacher was Climate Protection and Energy Security in European Union Law, to which he devoted the following topics:

1. Introduction: Climate protection and energy law.

2. The framework of EU primary law and the distribution of competencies.

3. The relationship between EU energy law and EU environmental law:

• Energy mix
• Different objectives on an equal footing

4. Climate protection and new instrumentals approach.

5. Security of supply and solidarity.

So regarding what I have written before, Professor Claas Friedrich Germelmann, in his video, discusses Climate Protection and Energy Security in European Union Law, focusing on the following:

Firstly, Professor Germelmann talks about how climate protection and energy law impact each other, a modern feature of these two areas. He compares and links both laws to each other, stating that climate protection law is an issue of both environmental protection and the supply of energy from different sources. Both have an essential role in domestic and international legal orders.

Next, Professor Germelmann discusses the framework of EU primary law and the distribution of competencies between the Union and its member states. He mentions articles 194, 191, and 192 of the TFEU Treaty, which relate to energy and environmental policies. Article 194 has various goals for the energy policy of the European Union, including the supply of energy, energy efficiency, renewable energy, networks, and environmental protection.

Professor Germelmann then discusses the relationship between EU energy law and EU environmental law. He explains that the European energy policy, under article 194, paragraph 1 of the TFEU, has different objectives on an equal footing, including the energy mix. He mentions the Campus Oil case and the fact that there are a lot of political questions regarding the energy mix and different objectives, as each member state has their own decision and words regarding their policies. Professor Germelmann believes an amendment to the treaty is needed to address this issue. He also gives a legal opinion on the topic, stating that converging the objectives as far as possible is necessary and striking a balance between the energy mix and the different objectives. He emphasizes the need for an "affordable legal transition" and effective EU renewables policy.

In the fourth topic, Professor Germelmann addresses climate protection and new instruments. He explains the problems with "community methods" and decision-making within the Union, stating that there are no compulsory rules. Finally, Professor Germelmann discusses the security of supply and solidarity.

In conclusion, the professor argues that changes must be made to our legal framework to address the climate crisis effectively. The Professor Germelmann's video highlights the urgent need for changes to our legal framework to address the climate crisis effectively. Our current legal framework needs to be revised, and significant changes must be addressed to tackle this issue properly. 

In my opinion and after watching Professor Germelmann's video, I find the professor points about the relationship between EU energy law and environmental law particularly interesting. It is clear that the two areas have different objectives, and there needs to be a convergence of these objectives as far as possible. The lack of preference between EU energy and environmental law, as addressed in Article 11, is also an important issue that needs to be solved. An "affordable legal transition" and effective EU renewables policy is essential to tackle the climate crisis.