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Regulating Shale Gas

The Challenge of Coherent Environmental and Energy Regulation

Leonie Reins

Regulating Shale Gas discusses the regulatory context of shale gas in the European Union and draws conclusions on the EU’s broader approach towards the regulation of new technologies. Providing the first dedicated examination of the overall regulatory context of shale gas in the EU, Leonie Reins reveals how the EU’s new constitutional setup after the Lisbon Treaty has complicated rather than facilitated the EU’s quest for a common energy policy.
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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

Leonie Reins


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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