The Challenge of Coherent Environmental and Energy Regulation
Chapter 2: In search of the legal basis for energy and environmental regulation at the EU level: the case of unconventional gas extraction and its impacts on a common European energy policy
This chapter analyses the ‘constitutional’ context to shale gas at European level. It describes the vertical and horizontal competences prior and after the Lisbon Treaty, the corresponding legal basis and explains why a non-binding Recommendation is the only possible regulatory tool for shale gas regulation in the European Union. The chapter further discusses the quest for a common energy policy in the European Union. Key words: shale gas; Common Energy Policy; legal basis; environment, energy; vertical and horizontal competences; significance
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