Prawo

Foreword

Jerzy Korczak — Mon, 24 Jun 2024 00:00:00 +0200

Networking of legal and organizational solutions in energy transition

Agnieszka Chrisidu-Budnik — Mon, 24 Jun 2024 00:00:00 +0200

The article focuses on the question of networking of legal and organizational solutions in the energy transition process, which accepts energy collectives. Energy collectives take on two fundamental forms in the Polish legal order: energy clusters and energy cooperatives. The article presents a description of these two basic legal and organizational mechanisms of energy transition and identifies the main indicators making it possible to compare them to each other. The paper uses the method of content analysis of legal regulations (EU and national) and specialised literature on the subject.

Renewable energy sources in spatial planning

Joanna Człowiekowska — Mon, 24 Jun 2024 00:00:00 +0200

The article addresses the problem of taking renewable energy sources into account in spatial planning in Poland, especially in planning documents adopted at the level of municipalities, namely the study of conditions and directions of spatial development (after changes the structure plan) and the land use plan. It presents the conditions for specifying the location of devices (installations) based on renewable energy sources, as specified in the Polish Act on Spatial Planning and Development of 27 March 2003, as well as the fundamental principles of taking renewable energy sources into account in the planning documents adopted by municipalities.

The role of energy security – selected issues

Jan Gola — Mon, 24 Jun 2024 00:00:00 +0200

Energy security is related to the political situation of individual countries and affects both national security and economic security. The article addresses both legal and economic issues. It discusses the importance of legal regulations and the country’s economic situation. It also addresses the context of the war between Russia and Ukraine and its impact on this security and energy transformation.

Energy efficiency in the European Union – legal and economic aspects

Jan Gola, Sebastian Bobowski — Mon, 24 Jun 2024 00:00:00 +0200

Energy efficiency, understood as measuring energy consumption, is an important element of the energy policy of the state, in particular because of the problem of energy overconsumption by a rapidly growing population and dynamic economic development, particularly with regard to emerging markets and developing countries. Therefore, the issue of energy efficiency requires appropriate legal regulation and a suitable policy pursued by the public authorities. The aim of the article is to describe energy efficiency in the context of the basic assumptions of the economic analysis of law, as well as the importance of the norms of public economic law in the social market economy. The analysis considers the regulatory frameworks of energy efficiency at the level of the European Union and the selected Member State, namely Poland.

Concept of a so-called windfall tax in the Polish tax system pursuant to Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices – outline of the issue

Artur Halasz — Mon, 24 Jun 2024 00:00:00 +0200

The subject of the article is the concept of a so-called windfall tax in the Polish tax system pursuant to Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices. It presents an analysis of the structure of the solidarity contribution governed by Council Regulation (EU) 2022/1854, referred to as the so-called windfall tax. It then examines the possibility of introducing such a levy into the Polish tax system. In particular, it addresses concerns about the principle of lex retro non agit and the principle of proportionality, as well as concerns about the possibility of double taxation. Furthermore, there are doubts about the nature of such a levy as a tax.

The local authority in the light of the challenges of energy transition

Jerzy Korczak — Mon, 24 Jun 2024 00:00:00 +0200

The article addresses the role of local authority units in the energy transition process, which is crucial because energy generating systems are located in a specific municipality and they contain sources of emissions exerting a negative impact on the climate. Therefore, while the State’s central authorities form the legal framework for the activities of the municipalities, counties and voivodships, it is the actual activities of the voivodship assemblies and boards, the county councils and boards and the municipal councils and executive bodies that enable the planned parameters of this negative impact to be achieved. The article takes into account the obligations arising from Union law.

Delegated and implementing acts in the proposal of “hydrogen and decarbonized gas market package” – meaning and functioning

Maciej Kruś, Marcel Krzanowski — Mon, 24 Jun 2024 00:00:00 +0200

The European Commission presented two proposals on 15 December 2021 with the objective of reforming the internal gas market by introducing hydrogen and decarbonized gases. The main objective of the paper is to present the legal characteristics of the delegated and implementing acts provided in the provisions of these proposals from the point of view of the theory of administrative law. On this basis, we shall attempt to assess their importance in shaping the regulations for biomethane and hydrogen. This objective will be achieved by outlining the assumptions of these proposals, briefly presenting the delegated and implementing acts provided for in them and analysing the nature of these acts, including the differences between them and the effects of their adoption.

The evolution of the European Union’s energy policy

Renata Kusiak-Winter — Mon, 24 Jun 2024 00:00:00 +0200

The main objective of this article is to present the evolution of the EU energy policy with particular reference to its legal conditions. It will present the directions of the changes in the EU legal regulations in recent decades in order. Central to this is an attempt to answer the question of whether the European Union’s ambitious goal to achieve climate neutrality by 2050, as proclaimed in the European Green Deal, should be viewed in terms of a continuation of the EU’s earlier energy policy, or perhaps more in terms of a kind of “revolution”, imposing the introduction of systemic changes in the energy sector of the Member States.

Sustainable transport in the face of the energy crisis related to the war in Ukraine

Justyna Mielczarek-Mikołajów — Mon, 24 Jun 2024 00:00:00 +0200

The energy crisis caused by Russia’s aggression in Ukraine has had a huge impact on the functioning of many countries in various spheres. The Russian Federation was the main supplier of many raw materials, which had to be abandoned as a result of the sanctions that were imposed. Consequently, the prices of various commodities – primarily natural gas, crude oil and coal – have risen. This posed a particular challenge for Poland, which is highly dependent on coal. At the same time, Poland, being a Member State of the European Union, has committed to achieving the goals of climate neutrality and the related concept of sustainable transport. In this light, the author analysed the issue of striving for climate neutrality and sustainable transport in the conditions of the crisis caused by the war in Ukraine. It seems appropriate, for instance, to determine whether the energy crisis has led to a collapse of the European Union’s climate policy and a change in its objectives. The process of the electrification of transportation, which, as a result of the current situation, may have become more challenging to implement, should also be considered.

The role of sectoral policies in the energy transition

Aleksandra Pinkas — Mon, 24 Jun 2024 00:00:00 +0200

The objective of this paper will be firstly to indicate the significance of sectoral policies, as well as to explain the impact of cross-sectoral policies on the achievement of their goals. Next, these considerations will be related to the role of energy sectoral policies in the energy transition process, taking into account the impact of the cross-sectoral climate policy. The article is directed at highlighting the need to distinguish between sectoral and cross-sectoral policies and to identify the relation between these policies, which has special significance in relation to the energy sector. In order to realise the adopted objective, an administrative-legal research method will be applied, taking into account the perspective of EU law in connection with the significant impact of EU policies on the setting of national sectoral policies.

Perspectives for and obstacles to energy democracy in renewable energy transition processes

Aleksandra Puczko — Mon, 24 Jun 2024 00:00:00 +0200

The paper is an attempt to show both opportunities and limitations for energy democracy, which also multiplies the ambiguity of this concept, arising from the lack of coherent legal regulations. This means that, the perspectives that energy democracy opens can simultaneously be the barriers to its development. This results in a different social perception of this phenomenon, which affects legislation and effectiveness of forms of democratic participation in energy policy.

EU emergency measures in energy law – opportunities and challenges of a new legal instrument

Stefan Storr, Julia Wallner — Mon, 24 Jun 2024 00:00:00 +0200

In recent years, the Council of the European Union increasingly invoked the emergency competence of Art 122(1) TFEU for the adoption of legislative acts. The present article sheds light on the scope and limits of this article and aims to contribute to the provision’s hitherto scarce academic analysis. The Council of the European Union adopted six “emergency regulations” based on Article 122(1) TFEU to overcome the energy crisis. According to the wording of the provision alone, the requirements for invoking Article 122(1) TFEU as a legal basis do not seem to be high. This is surprising as the European Parliament and other institutions are not involved in the lawmaking process under Article 122 TFEU, and the Council decides by qualified majority. Therefore, four unwritten, or to be defined in more detail, conditions need to be fulfilled for the adoption of measures based on Article 122(1) TFEU: there must be serious economic difficulties, the measures adopted must be “appropriate” to the economic situation, there must be a causal relationship between the cause of economic difficulties that authorize the taking of measures and the objectives pursued by the Commission and the Council, and there must be an urgency that manifests itself in the fact that the ordinary legislative procedure cannot be awaited. Article 122(1) TFEU constitutes an exception from other EU competences, in particular Article 194 TFEU; therefore, there is a need to analyse whether it is reasonable to waive the specific requirements set out in these rules. One may think of the sovereignty limitations in Article 194(2) TFEU and the special requirements under Article 194(3) TFEU. The criterion “in the spirit of solidarity” is to be understood rather broadly and requires the balancing of the affected interests, including those of the Member States and of the Union as a whole.

Development of low-emission public transport as the implementation of the electromobility policy

Piotr Szreniawski, Zbigniew Mazur — Mon, 24 Jun 2024 00:00:00 +0200

This paper discusses various aspects of the development of low-emission public transport as the implementation of the electromobility policy. Fossil fuels, the primary source of energy for the transport sector, are harmful to the environment. Ecological transport solutions, such as electric vehicles, bicycles and public transport powered by renewable energy sources, offer a cleaner, more sustainable alternative. The transition from fossil fuels to ecological transport solutions will require significant investment in infrastructure, research and development and public education, but the benefits far outweigh the costs. The topic of electromobility is crucial for environmentally friendly transport. This paper presents philosophical, strategic and legal aspects of electromobility.

Report from the consortium representatives meeting under the GOSPOSTRATEG 9/001g/22 project on 8 November 2023

Justyna Mielczarek-Mikołajów, Michał Raduła — Mon, 24 Jun 2024 00:00:00 +0200

Report on the 9th Summer Seminar of Administration Scholars “Democracy and Europe” (Meissen, 21–26 August 2023)

Paulina Kot, Paulina Pietkun — Mon, 24 Jun 2024 00:00:00 +0200