Implementing ecological governance in EU energy law: the role of technology neutral legislative design in fostering innovation

Giljam, R., Dec-2018, In : European Energy and Environmental Law Review. 27, 6, p. 236-250 15 p.

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  • Implementing ecological governance in EU energy law

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  • Renske Giljam
This article discusses the concept of technology neutral legislation and its use in EU energy law. For this reason, the applicable EU Directives are assessed in the light of their level of such neutrality. Additionally, the overall desirability and feasibility of technology neutral legislative design is examined and weighed against other legislative goals, in particular the need to foster technological innovations in the energy sector. This assessment is carried out from the perspective that, in order to mitigate climate change, it is essential to come to a legislative system for ecological governance. On the basis of this premise, it is concluded that technology neutrality should not be the prime concern of legislators, but that adaptability and comprehensiveness of the legal framework are more important factors to come to a sustainable energy system.
Original languageEnglish
Pages (from-to)236-250
Number of pages15
JournalEuropean Energy and Environmental Law Review
Issue number6
Publication statusPublished - Dec-2018


  • best available techniques (BAT);, ecological governance, ENERGY, SUSTAINABILITY, trade law, extraterritoriality, processes and production methods (PPMs), World Trade Organization (WTO), European Union (EU), Energy Charter Treaty (ECT)

ID: 74389909