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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

This chapter establishes how the regulatory design and policy impacts the development of a technology and the current procedure of dealing with cross-cutting energy and environmental issues. More precisely, the regulation of CCS and nanotechnology will be studied and compared to the regulatory approach taken to shale gas. The analysis focuses on the parameters of the degree of newness of a technology, bindingness of regulatory measures, underlying risk management principle, management of the public debate and business case of the technology. In addition the prevention, precautionary and conservatism principle as tools for regulation of new technologies will examined. Key words: new technologies; carbon capture and storage; nanotechnology; shale gas; risk regulation; precaution, prevention and conservatism

This chapter combines the findings of the analysis of the overall regulatory and policy framework on shale gas, departing from the very specific (the case of shale gas) – over the discussion of competence-related issues – to more conceptual issues, namely the regulation of ‘new’ technologies. It answers the question to what extent does the regulation of ‘new’ technologies such as shale gas highlight the challenges of a coherent regulation of energy and environment in the European Union. Key Words: shale gas; new technologies; legal basis; energy law and policy; environmental law and policy