4. Whether the Support Schemes of the Renewable Energy of the EU are in Compliance with the Principle of the Free Movement of Goods?

Abstract

The energy sector faces many legal challenges in its alteration into the internal energy market, especially, the incorporation of renewable energy promotion measures in the internal electricity market. On the national level Member States design their support schemes in accordance to their internal economic and political situation. Interestingly, it seems that any national renewable energy policy that deviates from the compliance with the fundamental freedoms may be justified, since the TFEU grants state an exclusive right to determine the conditions to exploit its energy resources and on the grounds of environment protection.

On the other hand, the EU law establishes objectives for the support schemes that have to be in accordance to the fundamental principles of the EU. Whereas internal electricity market does not exist and policies with regard to the support schemes vary among Member States, it is likely that separate policies in Member States lead to impediments for foreign actors to participate in the national support schemes. Consequently, the collision between different EU objectives of internal electricity market and environment protection appear to exist.

For the purpose of renewable energy, the convergence of support schemes would diminish the possibility to design support scheme in compliance with the principle of free movement of goods as the common legal framework is applied. Though, the view from the policy perspective may enable identification whether convergence of the support schemes is possible so that the principle of the free movement of goods would not be infringed.