Energy Law as a Legal Field (ELLFie)

The body of legal norms in energy law has grown considerably over the past thirty years and is overwhelming today. There are various reasons for this, e.g: In order to organize competition on the energy markets in the best possible way and to create internal markets for energy, the grids must be regulated and the market design must be specified by law. In order to implement energy transition as quickly as possible, new power plants and power lines must be built, approved and the expansion financially supported. To ensure security of supply at a high level and at low cost, dependence on energy sources from third countries must be reduced and storage organized. All of this is to be done by legal regulation. Energy law is often goaloriented: For example, Member States shall collectively ensure that the share of energy from renewable sources in the Unions gross final consumption of energy in 2030 is at least 42,5% and that the Union is climate-neutral by 2050. Energy laws set goals and are instruments to achieve them. The energy industry and others shall be encouraged to achieve the goals and fulfill specific purposes. This can lead to regulatory conflicts: A measure can reach out for a goal that may at the same time be contrary to achieve other goals. For example, the installation of photovoltaic systems is a good contribution for energy transition. That is why they are subsidized. But what if so much generation capacity is installed that the grids are stressed at peak times and security of supply is therefore jeopardized (blackout)? This example shows that an option that only pursues one goal is not necessarily the one that should be preferred. Smart guidance by the legislator is required in order to achieve all goals in the best possible way and to fulfill all specified purposes. The legal question is obvious: Is it possible to design the legal system and regulate in such a way that regulatory contradictions can be avoided and regulatory conflicts solved? If energy law is considered merely a conglomerate of various individual regulations standing on their own, it will be difficult to solve such fundamental regulatory conflicts. In this research project, a legal theory shall be developed to construe energy law as a legal field by. Legal interests are to be structured and systematized according to the categories of legal principles, goals and purposes. Their significance for complex issues shall be analysed. It will be shown how legal principles to primize can help legislators and legal practitioners to achieve goals in the best possible way.