Sovereignty in the Era of Globalism: EU Energy Regulation in the Shadow of Sovereignty?

Abstract

In our globalised world the phenomenon of Babylonian confusion can be observed in relation to the concept of sovereignty, and the boundaries of national, European, and international law are becoming increasingly blurred. In the following, I will seek an answer to the question how the term of sovereignty is rewritten, and the scope of its interpretation expanded in our globalised and Europeanised surroundings. In this context, I will present firstly some major international and Hungarian approaches to the definition of sovereignty in modern times. Secondly, I will examine how the sovereignty of the Member States has developed in the European Union, highlighting to what extent can we talk about a sovereign energy policy of the Member States in the light of shared competences adopted in the field of energy policy. Thirdly, I will scrutinise how EU energy policy can change in the near future, and what kind of a role Member States can play in this process. As there is still no universally accepted definition of sovereignty, the role of science is essential in the conceptualisation of the term. The Treaty of Lisbon has brought a supranational turn also in the field of energy, but Member States still have a relatively wide leeway to create their own regulatory framework that takes into account their national and regional characteristics. Environmental considerations in recent years have led to the initiation of a single energy market and the creation of the European energy union that is expected to become more intense in the near future. Therefore, it is crucial for Member States, both at a national and a regional level, to be actively involved in the establishment and formulation of community law in order to be able to represent their interest effectively.