Kompetencje wyłączne państwa członkowskiego UE w dziedzinie energetyki

What is it about?

The study addresses the task of determining the scope of sovereignty (exclusivecompetence) of member states in the area of the development of national power policy onthe basis of Treaties, mainly the Treaty on European Union. The author makes an attemptto prove that the impact of the EU legislation on the national legal order, pursuant to theEU regulations, is subject to selective exclusion, and the member states are entitled tosupremacy relative to the EU power policy in specific areas of the development of thepower policy. Therefore, the member states kept their autonomous right to develop themarket of energy supplies in a manner that would make it possible to maintain thebalance between the supplies and the demand within the limits necessary for keeping theenergy security at the national level required for the public order and the nationalsecurity. The hierarchical relation of the EU interest and the national public interestarising from the supremacy of the EU law and its direct effectiveness does not jeopardizethe national objectives defined in this way. The national energy security, understood inthis way, opens the space for specific preferences of national suppliers subject to thenational legislative regime as well as the national power authorities and powerenterprises managing the transfer or distribution infrastructure.

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