LEGAL CHALLENGES OF THE DECISIONS OF ENERGY REGULATORY AUTHORITIES IN CERTAIN EU MEMBER STATES
Journal Title: Адміністративне право і процес - Year 2018, Vol 3, Issue
Abstract
Purpose. Delivering energy policy requires appropriate decisions of competent bodies. Issuing the binding decisions refers to the key powers of energy regulatory authorities. However, there are different approaches to the understanding of the legal nature of such decisions. In particular, in Ukraine there is no single school of thought regarding the legal nature of utilities tariffs decisions. Therefore, it is important to study the experience of foreign countries (e. g., EU member states) on this matter in order to elaborate the future recommendations on the enhancement of Ukrainian legislation. This paper aims at exploring the legal nature of the decisions issued by the energy regulatory authorities in certain EU member states, and at separating the main types and defining the correlation of regulatory, normative and administrative decisions of an energy regulatory authority. In order to achieve the main goal of this research, the following objectives should be reached: 1) to analyse the legal framework for the decision-making of energy regulatory authorities in certain EU member states; 2) to classify the types of decisions of an energy regulatory authority; 3) to define the correlation of regulatory, normative and administrative acts of an energy regulatory authority. Methods. Comparative legal analysis will be among the main methods of this research while analysing the national legislative approaches to decisions of energy regulatory authorities in certain countries. Results. Constitutions and other legal acts of certain countries provide the legislative basis of the research. Case law of judicial bodies of analysed countries represents the empirical basis of the paper. Conclusions. It is concluded that the scope of the decision-making powers of energy regulators in certain countries differs. Various decisions can be challenged in a different way. While the individual decision-making powers in many cases are subject to general administrative procedure acts, legal acts on energy regulatory authorities do not clearly specify the types of their regulatory acts. Considering the principle of legal certainty, it is recommended to separate the regulatory (legislative) and individual (administrative) acts of an energy regulator and to define the specific types of such decisions and their core features in the national legislation.
Authors and Affiliations
Yuliya Vashchenko
Keywords
Related Articles
- EP ID EP668677
- DOI -
- Views 76
- Downloads 0
Conceptual framework for correlation of constitutional and administrative law
The article deals with issues of separation and cooperation of Constitutional and Administrative Law. On the basis of the Constitutional and Administrative correlation research conducted the recommendations on encouragem...
Normative-and-legal providing activities of control bodies on determination of the amount of monetary obligations
The article analyzes the educational and methodical, scientific literature and current legislation in order to determine the content of legal support of the controlling bodies in determining the amount of monetary obliga...
On several aspects of optimization of competence spheres and powers, and improvement of law-drafting actitvities of republic and local bodies of public administration in social sphere
On the basis of the analysis of the competence of national and local bodies of state administration of the Republic of Belarus in the sphere of social classification attempt the basic functions of these bodies in terms o...
General characteristics of the subjects of administrative legal relations in the field of advertising on the Internet
The subjects of administrative legal relations in the field of advertising on the Internet can be advertisers, producers, distributors, consumers advertising and public authorities that manage in advertising on the Inter...
The legal framework on internally displaced persons in Ukraine
The article reveals the system of acts that form the framework for legal protection of internally displaced persons as a special category of concern in Ukraine. The author analyzes history, classification, and structure...