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Dynamics of EU Renewable Energy

Policy Integration Mariam


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PALGRAVE STUDIES IN EUROPEAN UNION POLITICS
SERIES EDITORS:
MICHELLE EGAN · WILLIAM E. PATERSON · KOLJA RAUBE

Dynamics of EU
Renewable Energy
Policy Integration

Mariam Dekanozishvili
Palgrave Studies in European Union Politics

Series Editors
Michelle Egan, American University, Washington, USA
William E. Paterson, Aston University, Birmingham, UK
Kolja Raube, KU Leuven, Leuven, Belgium
Following on the sustained success of the acclaimed European Union
Series, which essentially publishes research-based textbooks, Palgrave
Studies in European Union Politics publishes cutting edge research-driven
monographs. The remit of the series is broadly defined, both in terms of
subject and academic discipline. All topics of significance concerning the
nature and operation of the European Union potentially fall within the
scope of the series. The series is multidisciplinary to reflect the growing
importance of the EU as a political, economic and social phenomenon. To
submit a proposal, please contact Senior Editor Ambra Finotello ambra.
finotello@palgrave.com. This series is indexed by Scopus.

Editorial Board
Laurie Buonanno (SUNY Buffalo State, USA)
Kenneth Dyson (Cardiff University, UK)
Brigid Laffan (European University Institute, Italy)
Claudio Radaelli (University College London, UK)
Mark Rhinard (Stockholm University, Sweden)
Ariadna Ripoll Servent (University of Bamberg, Germany)
Frank Schimmelfennig (ETH Zurich, Switzerland)
Claudia Sternberg (University College London, UK)
Nathalie Tocci (Istituto Affari Internazionali, Italy)
Mariam Dekanozishvili

Dynamics of EU
Renewable Energy
Policy Integration
Mariam Dekanozishvili
Coastal Carolina University
Conway, SC, USA

ISSN 2662-5873 ISSN 2662-5881 (electronic)


Palgrave Studies in European Union Politics
ISBN 978-3-031-20592-7 ISBN 978-3-031-20593-4 (eBook)
https://doi.org/10.1007/978-3-031-20593-4

© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer
Nature Switzerland AG 2023
This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights
of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on
microfilms or in any other physical way, and transmission or information storage and
retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology
now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc.
in this publication does not imply, even in the absence of a specific statement, that such
names are exempt from the relevant protective laws and regulations and therefore free for
general use.
The publisher, the authors, and the editors are safe to assume that the advice and informa-
tion in this book are believed to be true and accurate at the date of publication. Neither
the publisher nor the authors or the editors give a warranty, expressed or implied, with
respect to the material contained herein or for any errors or omissions that may have been
made. The publisher remains neutral with regard to jurisdictional claims in published maps
and institutional affiliations.

Cover illustration: Magic Lens/Shutterstock

This Palgrave Macmillan imprint is published by the registered company Springer Nature
Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Preface and Acknowledgments

Renewable energy policy is very timely topic in the European policy-


making as the European Union is facing an urgent need to eliminate its
dependence on imports of Russian fossil fuels before 2030 in the context
of Russia’s ongoing aggression in Ukraine. Renewable energy is also a key
building block to accelerate the energy transition towards climate neutral
economy by 2050 and reach EU’s energy and climate objectives for 2050
and beyond. Therefore, integration of renewable energy policy is going to
preoccupy EU policymakers for the near future. The broad question that
this book aims to address—under what conditions, and how, integration
advances in EU’s energy policy domain—hopefully provides perceptive
insights into integration dynamics of the EU renewable energy policy.
Scholars and policymakers interested in the EU energy policy and the
intersection of European integration and public policy, I hope, find it
elucidating.
This book is based on the research I have carried out for my doctoral
thesis, which I defended in 2014 at the University of South Carolina. This
work was inspired by Professor Donald Puchala’s seminar on European
integration and greatly benefited from his comments and suggestions. I
also wish to extend my foremost gratitude to Harvey Starr, Robert Cox,
and Jonas Tallberg for their advice and thoughtful comments throughout
the project. As the research progressed from dissertation to a manuscript,
the EU commenced negotiations on the 2030 Climate and Energy
Framework and the revision of the 2009 renewable energy directive. The

v
vi PREFACE AND ACKNOWLEDGMENTS

scope of this book widened accordingly to incorporate the EU’s latest


renewable energy directive (REDII).
I was fortunate to receive funding first from the Walker Institute of
International and Area Studies at the University of South Carolina for
the initial round of interviews in Brussels and several EU member states
and later from Coastal Carolina University’s Professional Enhancement
Grant to conduct additional interviews in Brussels regarding the 2018
Renewable Energy Directive. The time spent at Statoil’s Brussels office
in 2012 as a Summer Research Fellow was a valuable experience and
greatly contributed to the fruition of this project. For this experience,
I owe many thanks to Geir Westgaard and late Ambassador Konstantine
Zaldastanishvili.
I am also indebted to the dearest love of my friends and family. This
book would never materialize without their immense support. I would
like to express my deep love to Evgeny Anikin, Anna Keshelashvili,
Richard, Aidoo, George Robakidze, Nino Malashkhia, and Ketevan
Mgebrishvili. I am eternally grateful to my son, parents, and sister for
their unconditional love and care.
Finally, I owe my special appreciation to Laurie Buonanno who encour-
aged me to publish the manuscript and to the anonymous reviewer
provided by the publisher for his/her helpful and constructive comments.

Conway, USA Mariam Dekanozishvili


Contents

1 Introduction: EU Renewable Energy Policy in Context 1


1.1 Book’s Purpose and Contribution 1
1.2 EU Renewable Energy Policy in Context: Historical
and Institutional Background 5
1.3 Book Outline 7
References 8
2 Analytical Framework 11
2.1 Reconceptualizing European Integration: Vertical
and Horizontal Integration 11
2.2 3-D of European Integration: Structure, Agency,
Contingency 14
2.3 Causal Paths to European Integration 23
2.4 A Few Methodological Remarks 32
References 36
3 EU Energy Policymaking: Actors and Processes 43
3.1 Overview of Actors and Processes 43
3.2 Convergence of Preferences Among Key Member States 45
3.3 European Commission’s Supranational
Entrepreneurship 48
3.4 Transnational Interest Groups 51

vii
viii CONTENTS

3.5 Domain Specific Rules and Legal Basis 53


3.6 External Shocks 54
References 55
4 The Emergence of EU Renewable Energy Policy:
Unpacking Policymaking Dynamics of RES-E Directive 61
4.1 First Steps Towards EU Renewable Energy Policy 61
4.2 The European Commission as a Supranational Policy
Entrepreneur 64
4.3 Where Did Preferences of Key Member States Lie? 79
4.4 Transnational Interest Groups Consolidate, or not? 88
4.5 Rules: The Importance of Legal Basis and Pre-Existing
Rules 91
4.6 External Contingencies: Kyoto Protocol and Energy
Dependence in the Rear Mirror 93
4.7 RES-E: A Successful Instance of Integration? 94
References 96
5 Consolidation of EU Renewable Energy Policy:
Renewable Energy Directive (RED) 101
5.1 Post-RES-E Challenges and Ambitions 101
5.2 The European Commission as a Supranational Policy
Entrepreneur 104
5.3 Towards the Convergence of Member State Preferences 121
5.4 The Story of Transnational Interest Consolidation 133
5.5 Rules: The Importance of Legal Basis and Pre-Existing
Domain-Specific Rules 137
5.6 External Contingencies: After the Gas Dispute,
Awaiting the Copenhagen Conference 140
5.7 RED: Binding Ends, Flexible Means 144
References 147
6 Shaping EU Renewable Energy Policy Beyond 2020:
REDII 155
6.1 Post-RED Challenges and Ambitions 155
6.2 The European Commission as a Supranational Policy
Entrepreneur 158
6.3 Preferences of Key Member States, Converging or Not? 179
6.4 What Happened to Transnational Interest Groups? 191
CONTENTS ix

6.5 Rules: Legal Basis for the REDII and Pre-existing


Domain-Specific Rules 195
6.6 External Contingencies: Paris Agreement, Financial
Crisis and Crisis in Ukraine 198
6.7 REDII: Taking Stock of Renewable Energy Policy
Integration 201
References 203
7 Dynamics of EU Energy Policy Integration: Insights
from EU’s Renewable Energy Policy 211
7.1 Taking Stock of EU Renewable Energy Policymaking:
RES-E, RED, and REDII in Comparative Perspective 211
7.2 Causal Path to Renewable Energy Policy Integration:
Structure, Agency, Contingency 219
7.3 Looking Ahead: Insights for Scholars and Policymakers 223
References 226

Appendix 229
Index 233
Abbreviations

ALTENER Program for the Promotion of Renewable Sources of Energy


in the European Community
BDEW German Association of Energy and Water Industries
BMU German Federal Ministry of Environment
BWE German Wind Power Association
CCS Carbon Capture and Storage
CO2 Carbon Dioxide
COP21 The 21st Conference of the Parties to the United Nations
Framework Convention on Climate Change
COP24 The 24th Conference of the Parties to the United Nations
Framework Convention on Climate Change
DG Directorate General
DOM Overseas Departments (France)
E3G A Climate Change Think Tank
EC European Communities
ECJ European Court of Justice
EDF Electricité de France
EEB European Environmental Bureau
EEG Renewable Energy Sources Act
EFET European Federation of Energy Traders
EP European Parliament
EPIA European Photovoltaic Industry Association
EREC European Renewable Energy Council
EREF European Renewable Energy Federation
ETS Emissions Trading System
EWEA European Wind Energy Association

xi
xii ABBREVIATIONS

FIT Feed-In-Tariff
GDF Gaz de France
GDP Gross Domestic Product
GHG Greenhouse Gas
GOs Guarantees of Origin
IEA International Energy Agency
IEM Internal Energy Market
IFIEC Europe International Federation of Industrial Energy Consumers
IPCCR Intergovernmental Panel on Climate Change Report
IRENA International Renewable Energy Agency
ITRE The European Parliament’s Committee on Industry, Research
and Energy
MEP Member of the European Parliament
MLG Multi-Level Governance
MSF Multiple Streams Framework
NECPs National Energy and Climate Plans
NFFO Non-Fossil Fuel Obligation
NGO Non-Governmental Organization
NREAPs National Renewable Energy Action Plans
PA Paris Agreement
QMV Qualified Majority Voting
R&D Research and Development
RED Renewable Energy Directive of 2009
REDII Renewable Energy Directive of 2018
RES Renewable Energy Sources
RES-C Renewable Energy Sources in Cooling
RES-E Renewable Energy Directive of 2001
RES-H Renewable Energy Sources in Heating
ROCs Renewable Obligation Certificates
SEA Single European Act
TFEU Treaty on the Functioning of the European Union
TGC Tradable Green Certificates
TREC Tradable Green Electricity Certificates
UK United Kingdom
CHAPTER 1

Introduction: EU Renewable Energy Policy


in Context

1.1 Book’s Purpose and Contribution


A resilient Energy Union and a forward-looking climate change policy
are among European Union’s top priorities and high on the EU policy
agenda. The ongoing Russian aggression in Ukraine is elevating EU’s
energy security concerns and placing renewable energy policy in the
spotlight. Massive deployment of renewable energy is becoming essen-
tial for reducing dependence on the Russian energy supplies and for
achieving EU’s climate objectives for 2050 and beyond. The EU has long
harbored the ambition to become a global leader in the promotion and
development of renewable energy, steering the effort to combat climate
change, encourage the shift to a low-carbon economy, and stimulate high-
potential economic growth. Despite EU’s lack of formal legal competence
to act in the field of energy until the inclusion of the energy Article
194 in the 2009 Lisbon Treaty, the last three decades have witnessed
an increasing number of energy policy initiatives at the EU level. These
initiatives, including secondary legislation on the promotion of renewable
energy, are gradually bringing the nationally—dominated energy domain
into the EU’s legal remit. From the indicative targets of the early 2000s to

© The Author(s), under exclusive license to Springer Nature 1


Switzerland AG 2023
M. Dekanozishvili, Dynamics of EU Renewable Energy Policy Integration,
Palgrave Studies in European Union Politics,
https://doi.org/10.1007/978-3-031-20593-4_1
2 M. DEKANOZISHVILI

the EU-level 32 percent binding target of renewables in energy consump-


tion under the current 2030 framework, the EU holds a checkered
report card of success for renewable energy policy integration. The recast
renewable energy directive of 2018 (REDII) marks the latest secondary
legislation in EU’s renewable policy saga. The REDII aims at keeping the
EU a global leader in renewables and, more broadly, helping the EU to
deliver on the Paris Agreement emissions reduction commitments. The
renewable energy policy saga will clearly continue. The revision of the
REDII is underway. The crisis in Ukraine adds urgency to ambitious
renewable energy objectives, presently 45 percent EU-wide renewables
target being in sight.
Against this backdrop, the book is a timely contribution as it seeks
to shed light on a broader question of under what conditions, and how,
European integration advances in the energy policy domain. To address
this question, the book explores the policymaking dynamics of the emer-
gence and development of EU renewable energy policy, and the driving
forces behind it. The study provides a comprehensive account of EU’s
renewable energy policy development as it traces the agenda-shaping,
policy formulation and decision-making phases of EU’s secondary legisla-
tion on renewable energy—that is the three successive directives of 2001
(RES-E), 2009 (RED), and 2018 (REDII). The book aims to assess inte-
gration outcomes of these three policymaking instances in the renewable
energy field from a comparative perspective focusing on two dimensions:
the nature and ambition level of the renewable energy targets, and the
harmonization of renewable energy support schemes.
While existing research has tended to think of integration as an ever-
ongoing progression of deepened cooperation and offered competing
accounts of this process (liberal intergovernmentalism or neofunction-
alism/supranationalism), the proposed book provides an innovative and
refreshing analytical framework, which incorporates structure, agency,
and external contingency to unveil the causal complexity of EU policy-
making and the European integration process. The research extrapolates
five causal factors from existing theories of European integration and EU
policymaking. It examines the interaction of the European Commission’s
supranational policy entrepreneurship, convergence of preferences among
the key member states, consolidation of transnational interest groups,
existing domain specific rules and legal basis, and external focusing events
in three energy policymaking instances (RES-E, RED, REDII). The
study advances a claim that integration in EU energy policy progresses
1 INTRODUCTION: EU RENEWABLE ENERGY POLICY … 3

under the interplay of structure, agency, and external contingency.


Comparative analysis of the three renewable energy directives shows that
policy outcomes advance integration when supranational entrepreneurs
successfully exploit existing domain-specific EU rules and policy windows
provided by the external shocks to push forward measures that extend
integration, and when the positions of the key member states converge to
ensure the permissive consensus in the Council. Thus, the study under-
scores the significance of external events, which can punctuate the policy
equilibrium if properly exploited by policy entrepreneurs.
The book contributes to existing scholarship by elucidating that it is
unproductive to pit various European integration theories against each
other. Policymaking dynamics can follow different causal paths. Instead,
a configurational approach is required. Such approach can synthesizes
existing theoretical perspectives and identify how the various factors, priv-
ileged by different theoretical perspectives, combine to explain progress
and stasis in European integration. The study, furthermore, demonstrates
that taking stock of policymaking instances that result, or fail to result, in
integration outcomes is as important for understanding European inte-
gration dynamics as the study of the so-called history-making decisions.
Hence, the research attempts to show that the synthesis of European inte-
gration and public policy literature can deliver useful insights and connect
the missing link between policy outputs and integration outcomes.
Additionally, the book proposes a modified conceptualization of inte-
gration based on two dimensions and evaluates policy outputs (directives)
across these two dimensions—vertical and horizontal integration. Policy
outputs feature advances in vertical integration when they extend institu-
tional powers, tasks, and competences of the EU, establish binding rules,
and impose obligations on member states. Horizontal integration occurs
when policy outputs instruct member states to harmonize and standardize
policy instruments, norms, laws, and practices across national boundaries,
thus creating conducive conditions for post-decision policy harmonization
across member states.
Enriched with elite interviews with the Brussels policy community and
drawing on existing research on EU’s renewable energy policy, as well as
primary sources, the book equips readers with a snapshot of EU renew-
able energy policy development through empirically rich, consistent, and
methodic presentation of three cases. Most importantly, the book features
the analysis of the latest EU renewable energy directive of 2018 that has
not yet been extensively addressed by existing works.
4 M. DEKANOZISHVILI

While the book relies on rich historical accounts of EU energy policy


development (e.g., Matláry, 1997; Buchan, 2009; Birchfiled & Duffield,
2011; Buchan & Malcolm, 2016; Rowlands, 2005; Solario & Jörgens,
2017), there is less literature yet that directly addresses EU’s secondary
legislation on renewable energy, particularly EU’s renewable energy direc-
tive of 2018. Although different in their empirical focus and/or analytical
framework from this book, existing studies on EU’s renewable energy
provide very useful insights and a solid foundation to build on. Solorio
and Jörgens’ (2017) stocktaking volume provides a comprehensive guide
to EU renewable energy policy and its implementation exploring the
policy changes at the national level and patterns of Europeanization
in response to EU-level decisions. Similarly, Jacobs (2012) and Wedel
(2016) tackle the question of how member states are encouraged to
implement policies for the promotion of renewable energy electricity and
how horizontal diffusion of RES support schemes take place across EU
member states. While all these works provide the reader with a compre-
hensive analysis of national support schemes and implementation process
of the 2009 renewable directive, the detailed analysis of agenda-setting,
policy formulation, and policy adoption stages of EU renewable energy
directives is beyond the scope of these insightful studies. This book, on
the other hand, focuses on the interaction of multiplicity of factors during
policy initiation, formulation and decision-making phases that lead, or
fail to lead, to integration in EU’s renewable energy policy domain. It
also purports to assess policy outcomes of renewable directives in terms
of advance in integration while previous studies evaluate similarities in
RES support schemes across EU member countries (Jacobs, 2012) or
implementation of the RED (Wedel, 2016).
This research is also indebted to studies that look at the process
of “communitarization” or “constitutionalization” of European energy
policies and factors that facilitate or impede this process (Birchfiled &
Duffield, 2011; Eberlein, 2012; Boasson & Wettestad, 2013; Rietig,
2018; Boasson, 2019). At the same time, this study concurs with the
previous research that EU policymaking cannot be feasible without
considering the major member states’ domestically legitimized prefer-
ences (Bürgin, 2015; Pikšrytė & Mažylis, 2015) as European poli-
cymaking features a steady struggle between supranationalization and
re-nationalization tendencies (Tews, 2015).
Finally, this work is informed by European public policy scholarship
that explores agenda-shaping activities of various policy entrepreneurs
1 INTRODUCTION: EU RENEWABLE ENERGY POLICY … 5

in EU’s energy policymaking process, be it the European Commission’s


entrepreneurship strategies, or role of civils society and business interest
groups in agenda-setting and defining the range of policy options for
EU’s energy and climate objectives (Tosun et al., 2015; Ydersbond,
2016; Fitch-Roy & Fairbrass, 2018). This research upholds the find-
ings of earlier studies that multilevel dynamics and interactions between
various actors pursuing different interests have been central in the renew-
able energy policy development (Ydersbond, 2016; Skjærseth et al., 2016;
Rietig, 2021).
Overall, this book finds itself at the intersection of European integra-
tion and public policy literature. It harnesses scholarship on European
integration and policymaking to uncover the dynamics of EU’s renew-
able energy policymaking and assess policy outcomes through examining
whether concrete objectives and measures contained in the adopted legis-
lation advance the degree of institutionalization or harmonization at the
EU level.

1.2 EU Renewable Energy Policy in Context:


Historical and Institutional Background
Until the mid-1990s, energy policy did not deserve much attention in
the European integration process. In 1968, the European Commission in
its “First Guidelines for a Community Energy Policy” outlined an energy
policy and offered some specific measures to create a common market in
the energy sector. The Council of Ministers, however, could only agree
on very general principles (Black, 1977, p. 166). The 1980s and early
1990s also witnessed several failed attempts in the energy policy area.
The European Commission’s proposal to include an energy chapter in
the Maastricht Treaty was dropped as was a carbon/energy tax due to
strong opposition from the member states (Buchan, 2009). The idea of
an Internal Energy Market (IEM) was launched in the late 1980s and
the first electricity and gas market directives (the so-called “First Energy
Package”) appeared in 1996 and 1998 respectively. Since the mid-1990s,
the European Commission has proposed several important EU initiatives,
which contributed to strengthening of the supranational influence on
energy policy (Matláry, 1997). Community actors made the best use of
powers they possessed in related areas, especially in the internal market
and the environmental realms. The adoption of the Single European Act
6 M. DEKANOZISHVILI

(SEA) greatly facilitated the supranational entrepreneurship of Commu-


nity actors, especially the European Commission. The introduction of the
Qualified Majority Voting (QMV) and the extension of the co-decision
procedure strengthened the European Parliament’s role and provided
supranational actors with favorable structural context for linking energy
issues to three general perspectives: the EU’s internal-market program
in which competition policy played a key role; the EU’s common envi-
ronmental policy; and energy security. Since then, an increasing number
of EU’s secondary legislation covering these various dimensions of the
common European energy policy began emerging. Due to member states’
divergent interests and preferences, however, the adopted legislation
often represented watered down versions of the Commission’s original
proposals.
In early 1990s, climate change occupied a center stage in EU’s agenda
(Skjærseth, 1994). This created a new momentum for the renewable
energy promotion, which was reframed as a means of addressing global
warming (Solorio & Bocquillon, 2017). The first notable program related
to RES promotion was the ALTNER program, which was adopted in
the aftermath of the 1992 Rio Earth Summit and aimed at reducing
the CO2 emissions. As a result of fierce resistance from some member
states, the program was allocated less funding than originally proposed
and comprised only an indicative target of 8 percent of RES in EU energy
consumption by 2025 (Solorio & Bocquillon, 2017). Despite modest
results, the renewable energy has begun to feature on EU’s policy agenda.
This led to the first RES-E directive in 2001. The RES-E was adopted
after several years of negotiations and set an overall EU-level target of
22 percent electricity from renewables by 2010. The target, however, was
only indicative, not binding. As reader will see in Chapter 4, the direc-
tive also failed to harmonize the RES support instruments (Toke, 2008;
Lauber & Schenner, 2011).
Since the mid-2000s, the efforts towards common energy policy,
including RES policy, became more intense and politicized. The idea
of a common energy policy was approved at the informal Hampton
Court Summit of the European Council in October 2005 under the
UK’s Presidency. The disruption of gas supplies to the EU resulting
from Russia-Ukraine dispute over gas prices served as a wake-up call
for the EU to take more decisive steps (Interview with the European
Commission Official, 2012). The European Commission, at the invitation
1 INTRODUCTION: EU RENEWABLE ENERGY POLICY … 7

of the Council, prepared a Green Paper that outlined a comprehen-


sive general strategy for obtaining “sustainable, competitive, and secure
energy” (European Commission, 2006). The Green Paper set the ground
for a policy process that culminated with the prominent 20/20/20
strategy with three ambitious goals: reducing greenhouse gas emissions by
20 percent, increasing the share of the renewable energy by 20 percent,
and reducing overall energy use in the EU by 20 percent. The Euro-
pean Commission followed up with the “Energy and Climate Package”
presenting concrete measures for achieving these goals. In line with the
20/20/20 strategy, the European Commission tabled a new directive—
the RED—on the promotion of the renewable energy, which introduced
significant changes. The RED introduced 20 percent RES target at the
EU level, as well as binding national targets. The directive widened the
scope of the policy by including RES in heating, cooling, and transport
sectors (Wettestad et al., 2012, p. 72).
Since the Lisbon Treaty, energy policy acquired an explicit legal basis
with Article 194 TFEU, and energy policy was brought under the shared
competence. Although this development has allegedly promised a supra-
national turn in EU’s energy policy, the policy remains contested both at
the EU and national level. The negotiations over the 2030 climate and
energy targets and the subsequent discussions of the REDII are symp-
tomatic of the contested interests and overlapping authorities. What is
evident is that renewable energy policy lately has been and will certainly
continue to preoccupy the minds of EU policymakers. In the wake
of Russia’s aggression in Ukraine, the renewable energy is acquiring
unprecedented urgency as the European policymakers are busy figuring
out strategies for reducing EU’s energy dependence and accelerating
green transition towards meeting the European Green Deal objectives for
2050 and beyond.

1.3 Book Outline


The next chapter sets the books’ analytical framework and describes the
method. The framework synthesizes insights from European integration
and public policy literature to understand under what conditions and
how European integration occurs in the EU’s energy policy domain.
The chapter also offers a modified conceptualization of integration.
The chapter contends that instead of juxtaposing competing variables,
8 M. DEKANOZISHVILI

a comprehensive analytical framework should bring together structure,


agency, and external contingency.
Chapter 3 lays out policy processes and actors involved in the EU
energy policymaking underpinned by the intricate interaction of supra-
national policy entrepreneurs, transnational interest groups, national
policy preferences, existing domain-specific EU rules and legal basis, and
focusing events that define the integration outcome of a particular poli-
cymaking instance. This chapter elaborates on the causal factors that are
constitutive elements of the intergovernmental, supranational, and punc-
tuated equilibrium paths to policy outcomes presented in the analytical
framework.
The next three chapters trace the agenda-shaping, formulation, and
adoption of the RES-E, the RED and the REDII, which constitute the
landmark policymaking instances in consolidating EU renewable energy
policy. All three chapters examine the five causal factors to expound the
causal mechanism behind policy outcomes that advanced (or failed to
advance) renewable energy policy integration. Each chapter also assesses
the policy outcome brought by the respective directives in terms of the
degree of institutionalization (vertical integration) and harmonization of
RES support schemes (horizontal integration).
The concluding chapter summarizes the key findings from the three
case studies in comparative perspective and analyzes the results in light
of the book’s analytical framework. It also discusses the implications of
the findings for understanding the dynamics of EU energy policymaking.
Lastly, the chapter offers a reflective section on integration dynamics of
EU’s energy policymaking for policymakers who are preoccupied with
revising the REDII and shaping EU’s renewable energy policy for the
future.

References
Birchfiled, V. L., & Duffield, J. S. (2011). Toward a common European Union
energy policy: Problems, progress, and prospects. Palgrave: Macmillan.
Black, R. A. (1977). Nine governments in search of a common energy policy.
In H. Wallace, W. Wallace & C. Webb (Eds.), Policy-making in the European
Community. New York: John Wiley & Sons.
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An oath made among others, ought neither to hurt nor
to profit.

Justitia debet esse libera, quia nihil iniquius venali justitia; plena,
quia justitia non debet claudicare; et celeris, quia dilatio est quædam
negatio.
Justice ought to be free, because nothing is more
unfair than venal justice; full, because justice ought not
to be lame; and quick, because delay is a kind of
denial.

Justitia libertati prior.


Justice is prior to liberty.

Justitia est constans et perpetua voluntas jus suum cuique tribuendi.


Justice is the constant and perpetual desire of giving
every man his own.

Justitia non novit patrem nec matrem, solam veritatem spectat


justitia.
Justice knows neither father nor mother; justice
regards truth alone.

Justitæ soror fides.


Faith is the sister of justice.
L.
Legatos violare contra jus gentium est.
To injure ambassadors is against the law of nations.

Leges figendi et refigendi consuetudo periculosissima est.


The habit of confirming and rescinding laws, is very
dangerous.

Leges posteriores priores contrarias abrogant.


Posterior laws abrogate former laws, if contrary.

Legis constructio non facit injuriam.


The construction of law, does no injury.

Legis virtus hæc est; imperare, vetare, permittere, punire.


This is the strength of the law, to command, forbid,
allow, and punish.

Lex a Rege non est violenda.


The law is not to be violated by the king.

Lex Angliæ non patitur absurdum.


The law of England does not suffer an absurdity.
Lex Angliæ nunquam sine Parliamento mutare non potest.
The law of England cannot undergo a change, without
the interference of Parliament.

Lex æquitate gaudet, appetit perfectum,—est norma recti.


The law rejoices in equity, seeks what is perfect; it is
the standard of rectitude.

Lex beneficialis rei consimile remedium præstat.


A beneficial law affords a remedy similar to the thing.

Lex certa esto, pœna certa, et crimini idionea et legibus præfinita.


Let the law be certain, the punishment certain, and
adequate to the crime, and previously determined by
the laws.

Lex communis Angliæ ita regis prærogativum admitita est, et


circumscripsit ut ne hæreditatem alicujus tollat lædatve.
The common law of England hath so modified and
circumscribed the prerogative of the king, that he
cannot take away, or hurt the inheritance of any one.

Lex contra id quod præsumit, probationem non recipit.


The law does not admit of a proof against that which it
presumes.

Lex delatores semper exhorrit.


The law always dreads informers.
Lex est anima Regis, et Rex est anima Legis.
The law is the soul of the king, and the king is the soul
of the law.

Lex est exercitus, judicium tutissimus ductor.


The law is the army, trial is the safest leader.

Lex est ratio summa, quæ jubet quæ sunt utilia et necessaria, et
contraria prohibet.
The law is the chief reason which orders what is useful
and necessary, and prohibits the contrary.

Lex est sanctio justa, jubens honesta, et prohibens contraria.


The law is a just sanction, ordering things honest, and
prohibiting the contrary.

Lex est tutissima casis.


The law is safest for the poor. [See Transcriber’s Note.]

Lex facit regem.


The law makes the king.

Lex fingit ubi subsistit Æquitas.


The law feigns where equity stops short.

Lex hæreditates liberas esse vult non in perpetuum astrictis.


The law wishes inheritance to be free to those who are
not strictly bound in all time coming.
Lex injusta non est lex.
An unjust law is not law.

Lex neminem cogit ad vana seu inutilia peragenda.


The law compels nobody to the performance of vain
and useless things.

Lex neminem cogit ostendere quod nescire præsumitur.


The law obliges nobody to shew what he is presumed
not to know.

Lex nemini operatur iniquum,—nemini facit injuriam.


The law works wrong to none—does injustice to none.

Lex nil facit frustra.


The law does nothing in vain.

Lex non cogit ad impossibilia.


The law does not compel to perform what is
impossible.

Lex non consilia nuda sed actus apertus respicit.


The law does not regard mere intentions, but overt
acts.

Lex non patitur fractiones et divisiones statuum.


The law does not admit fractions and divisions of
questions.

Lex non requirit verificari quod apparet Curiæ.


The law does not require that to be verified which
appears evident to the court.

Lex nostra neminem absentem damnat.


Our law condemns no one in his absence.

Lex orbis, insanis, et pauperibus, pro tutore atque parente est.


The law is the father and guardian of orphans, the
insane, and the poor.

Lex plus laudatur quando Ratione probatur.


The law is approved the more when it is found to be in
the right, by reason.

Lex prospicit non respicit.


The law looks forward, but does not look backward.

Lex reprobat moram.


The law reprobates delay.

Lex semper intendit quod convenit rationi.


The law always intends what is agreeable to reason.

Lex spectat naturæ ordinem.


The law regards the order of nature.

Lex uno ore omnes alloquitur.


The law speaks the same language to all.

Lex vult potius malum quam inconveniens.


The law designs rather punishment than an
inconvenience.

Liberi parentibus qui nequeant victum tolerare opitulantor.


Let children assist their parents, who are unable to
support themselves.

Libertas est cum quisque quod velit faciat modo secundum leges,
bonas, communi consensu latas, certas, præfinitas, apertas.
Liberty is when any one may do what he chooses,
provided he acts according to good, certain,
predetermined open laws, enacted by common
consent.

Libertas est naturalis facultas ejus quod cuique facere libet, nisi quod
de vi aut jure prohibetur.
Liberty is the natural power of a man to do what he
pleases, unless what he may be prohibited to do,
concerning violence, or encroaching upon another’s
right.

Libertas inæstimabilis res est.


Liberty is an inestimable thing.
Libertas nullo pretio pensabilis.
Liberty cannot be compensated by any price.

Libertas omnibus rebus favorabilior est.


Liberty is more favourable than all things.

Libertatis est sui quemque juris dimittendi ac retinendi esse


dominum.
It is the part of liberty, that every one be master of
quitting and of retaining his own right.

Licet dispositio de interesse futuro sit inutilis, tamen potest fieri


declaratio præcedens quæ sortiatur effectum interveniente, novo
actu.
Although a disposition concerning future interest be
useless, yet a preceding declaration may be made,
which will become effectual by means of a new act.

Loco rei impræstabilis, succedit damnum et interesse.


A loss and concern succeeds in the room of a matter
which cannot be performed.

Longum tempus et longus usus, qui excedit memoria hominum,


sufficit pro jure.
Long time and long usage, which exceeds the memory,
is sufficient for law.

Lubricum linguæ non facile in pœnam est trahendum.


The slipperiness of the tongue is not easily to be drawn
into punishment; or a lapsus linguæ, slips of the
tongue, cannot be punished.
M.
Majus est delictum seipsum interficere quam alium.
It is a greater crime to kill ones-self, than to kill another.

Majus trahit ad se minus.


The greater draws the less to itself.

Mala grammatica non vitiat chartam.


Bad grammar does not vitiate a writ.

Male res se habet, cum quo virtute effici debeat, id tentatur pecunia.
The case is bad when that is attempted to be done
with money, which ought to be effected by virtue.

Maledicta expositio quæ textum corrumpit.


It is a cursed exposition which corrupts the text.

Malitia supplet ætatem.


Malice supplies what is wanting in age.

Malum non præsumitur.


Evil is not presumed.

Malum quo communius eo pejus.


The more frequent the evil, the worse it is.

Malus usus est abolendus.


An abuse ought to be abolished.

Mandata legis ad literam casu aliquo impossibilia proxime ad


mentem legis exequenda.
The commands of the law, when literally impossible in
any case, ought to be performed as near as possible
according to the intention of the law.

Mandatorius terminos sibi positos transgredi non potest.


A mandatory cannot exceed the bounds prescribed to
him.

Manifesta probatione non indigent.


Manifest things do not require proof.

Maris et Fœminæ conjunctio est de jure naturæ.


The conjunction of male and female is according to the
law of nature.

Matrimonia debent esse libera.


Marriages ought to be free.

Matrimonium subsequens tollit peccatum præcedens.


Subsequent marriage takes away the preceding
transgression.
Melior est conditio possidentis.
The condition of the possessor is better.

Melior est conditio possidentis, et rei quam actoris.


The condition of the possessor is better, and that of the
defender rather than the pursuer.

Melior est conditio possidentis, ubi neuter jus habet.


The condition of the possessor is better where neither
hath a right.

Melior est justitia vere præveniens, quam severe puniens.


Justice truly preventing, is better than severely
punishing.

Meliorem conditionem ecclesiæ suæ facere potest prælatus,


deteriorem nequaquam.
A prelate may make the condition of his church better,
by no means worse.

Meliorem conditionem suam facere potest minor, deteriorem


nequaquam.
A minor may make his condition better, by no means
worse.

Melius est jus deficiens quam jus incertum.


Defective law is better than uncertain law.

Melius est ut decem noxii evadant quam ut unus innocens pereat.


It is better that ten guilty persons escape, than that one
innocent person perish.

Merito beneficium legis amittit qui legem ipsam subvertere intendit.


He deservedly loses the benefit of the law, who intends
to subvert the law itself.

Messis sementum sequitur.


The harvest follows the seed time.

Metus quem agnoscunt leges in excusationem criminis, est talis qui


cadere possit in constantem virum.
The fear which the law acknowledges in the excuse of
a crime is such as can fall upon a steady man.

Minatur innocentibus qui parcit nocentibus.


He threatens the innocent, who spares the guilty.

Minima pœna corporalis est major quavis pœna pecuniaria.


The least corporeal punishment is greater, than any
pecuniary punishment.

Minime sunt mutanda, quæ, interpretationem certam semper


habuerunt.
Those things are by no means to be changed, which
have always had a certain interpretation.

Ministeria recipiunt vicarium, sed non item pleraque judicaria.


The offices of servants admit of a substitute, but not in
like manner do most judicatory offices.

Minor, meliorem conditionem suam facere potest, deteriorem


nequaquam.
A minor may make his condition better, by no means
worse.

Minor non tenetur placitare super hæreditate.


The minor is not bound to defend himself with respect
to an inheritance.

Minor non tenetur respondere durante minori ætate; (nisi in causa


dotis, propter favorem.)
The minor is not bound to answer during his minority,
unless in the case of a dowry on account of favour.

Minus est actionem habere, quam rem.


It is less to have an action than the property.

Mobilia sequuntur personam.


Moveables follow the person.

Misera est servitus ubi jus est vagum aut incognitum.


Bondage is miserable where the law is vague or
uncertain.

Mitius imperanti melius paretur.


The more mildly a man commands, the better is he
obeyed.

Modus de non decimando non valet.


A mode of not taking tithes is unavailing.

Modus debet esse certus, rationabilis, et perantiquus.


A mode ought to be certain, reasonable, and very
ancient.

Modus et conventio vincunt legem.


A mode and agreement overcome law.

Moneta est justum medium et mensura rerum commutabilium.


Money is a just medium and measure of things
interchanged.

Monopolia dicitur, cum unus solus aliquod genus mercaturæ


universum emit, pretium ad suum libitum statuens.
Monopoly is said to take place, when one buys wholly
any kind of merchandise, fixing the price at his own
pleasure.

Mora reprobatur in lege.


Delay is reprobated in law.

Morte donantis donatio confirmatur.


A donation is confirmed by the death of the donor.
Mos pro lege.
Custom is for law.

Multa non legibus humanis sed foro divino pertinent.


Many things belong not to human laws, but to the
divine cognizance.

Multa non vetat lex quæ tamen tacite damnat.


The law does not prohibit many things which however
it silently condemns.

Multi multa nemo omnia novit.


Many know many things; nobody knows all things.

Multa transeunt cum universitate quæ non per se transeunt.


Many things pass with the generality which do not pass
by themselves.

Multiplicata transgressione crescat pœnæ inflicto.


Let the infliction of punishment increase as
transgression multiplies.

Multitudo imperitorum perdit curiam.


A multitude of unskilful persons ruin the court.

Mutata forma interemitur prope substantia rei.


The substance of a thing is almost destroyed, its form
being changed.
N.
Natura appetit perfectum; ita et lex.
Nature desires what is perfect; so does the law.

Natura non facit vacuum, nec lex supervacuum.


Nature makes no vacuum, nor does the law make any
thing superfluous.

Naturale est quidlibet dissolvi eo modo quo ligatur.


It is natural that any thing be dissolved in the same
way in which it is bound.

Ne in crastinum quod possis hodie.


Do not put off till to-morrow what you can do to-day.

Ne licitatorem venditor apponat.


Let not the seller appoint a person to bid.

Necessitas excusat aut extenuat delictum in capitalibus, quod non


operatur idem in civilibus.
Necessity excuses or extenuates a transgression in
capital cases, which does not operate the same in civil
cases.

Necessitas facit licitum quod alias non est licitum.


Necessity makes a thing lawful, which otherwise is
unlawful.

Necessitas inducit privilegium quod jure privatur.


Necessity brings in a privilege which is taken away by
law.

Necessitas non habet legem.


Necessity hath no law.

Necessitas publica major est quam privata.


Public necessity is greater than private necessity.

Necessitas quod cogit, defendit.


What necessity compels to do, it defends.

Necessitas sub lege non continetur, quia quod alias non est licitum
necessitas facit licitum.
Necessity is not bound down under law; because what
in other cases is not lawful, necessity makes lawful.

Necessitas vincet legem,—legum vincula irridet.


Necessity will overcome the law,—baffles the restraints
of law.

Nefarium per formulas legis laqueos innectere innocentibus.


It is infamous to lay snares for the innocent, by means
of the forms of law.
Negatio destruit negationem.
Denial destroys denial.

Negatio non potest probari.


Denial cannot be proved.

Nemini in alium plus licet quam concessum est legibus.


More is allowed to no one against another, than what is
granted by the laws.

Neminem oportet legibus esse sapientiorem.


It behoves no one to be wiser than the laws.

Nemo aliquam partem recte intelligere potest, antequam totum,


iterum atque iterum perlegit.
Nobody can rightly understand any part before he
peruses the whole again and again.

Nemo bis punitur pro eodem delicto.


Nobody is punished twice for the same transgression.

Nemo bis in periculum veniet pro eodem delicto.


Nobody shall come twice into danger for the same
crime.

Nemo cogitur rem suam vendere, etiam justo pretio.


Nobody is forced to sell his own property even for a
just price.

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