Clarification or Complication? The New Energy Title in the Draft Constitution for Europe

Abstract

This article considers the new energy title in the draft Constitution for Europe as presented by the European Convention on 18 July 2003. The key question posed in this article is whether the new title is necessary or helpful to the future development of European Community energy policy. In addressing this question, the scope of existing Community competence in the energy sphere is examined, as well as the rationales that have been advanced in favour of introducing a specific energy competence. The article suggests that the relationship between existing competences and the proposed new title has not been adequately addressed in the draft Constitution, and identifies a number of specific issues in this regard.† In the light of this apparent confusion, the author queries whether issues of legal competence lie at the heart of this proposal or whether the value of the new title is instead one of political legitimation.