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Research On The Electricity Regulatory Dispute Resolution Mechanism Of The EU Agency For Cooperation Of Energy Regulators

Posted on:2022-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:H WenFull Text:PDF
GTID:2556306734462164Subject:Law
Abstract/Summary:PDF Full Text Request
The increased requirements for the proportion of renewable energy in electricity generation have led to new changes in the European Union’s electricity market.It has become increasingly difficult to ensure the stability and effective operation of the electricity at the national level alone.It is urgent to strengthen coordination between the national regulatory authorities.In order to resolve the ongoing regulatory disagreements of member states on cross-border regulatory matters,the European Union passed the "Regulation(EU)of establishing a European Union Agency for the Cooperation of Energy Regulators(recast)in 2019,which formed the mechanism for resolving disputes between regulators of member states on electricity regulation.The entity content of ACER’s electricity Regulatory dispute resolution mechanism covers dispute matters,the premise of dispute submission and Acer dispute resolution authority.The procedure includes ACER’s internal decision-making and appeal procedures,as well as the external judicial review of the European Court of justice,which can promote the fair settlement of disputes.ACER’s legal personality is an independent institution in the European Union,and the electricity regulatory dispute settlement mechanism formed under this framework has four characteristics of non-litigation,subsidiarity,authorization and independence.Practice shows that dispute resolution has gradually become an important power of ACER.The ACER’s electricity regulatory dispute resolution mechanism has beneficial effects such as strengthening the ability of European Union’s member states to jointly resolve electricity regulatory matters,settling disagreements,and promoting the uniform application of the European Union’s laws.But at the same time,there are also shortcomings,such as the ACER initiative standards are vague,the decision-making procedures are not detailed enough,and the legal liability provisions of member states are lacking.China’s electric power development and international cooperation have entered a new era,and strengthening power interconnection has become one of the key points of international cooperation in electric power.Compared with the European Union,the structure of China’s electricity market is greatly different from that of the neighboring countries,and there are disputes in many fields of electric power cooperation.However,there is lack of consensus among countries on the construction of regional electric power regulatory cooperation institutions,and the dispute settlement mechanism with strong operability is lacking.In combination with the experience of ACER’s dispute settlement in electric power regulation and the reality of China’s electric power international cooperation,it is necessary to strengthen the cooperation between China and neighboring countries in electric power regulation,and introduce the regulation of dispute settlement in the bilateral and multilateral electric power cooperation that China participates in,so as to provide a good institutional guarantee for the construction of transnational power grids.
Keywords/Search Tags:Regulation(EU)of ACER(recast)in 2019, Dispute resolution mechanism, Electricity regulatory cooperation, International energy law, The EU law
PDF Full Text Request
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