Flexible Implementation and the Energy Efficiency Directive

PRINCEN, Sebastiaan, Martin ŠVEC, Alexander HÜBNER and Elaine MARK. Flexible Implementation and the Energy Efficiency Directive. RSC Working Paper Series. Fiesole: European University Institute, 2022, vol. 2022, 39 pp. ISSN 1028-3625.

Basic information

• Original name: Flexible Implementation and the Energy Efficiency Directive
• Authors: PRINCEN, Sebastiaan, Martin ŠVEC, Alexander HÜBNER and Elaine MARK.
• Edition: RSC Working Paper Series, Fiesole, European University Institute, 2022, 1028-3625.

Other information

• Original language: English
• Type of outcome: Article in a journal
• Country of publisher: Italy
• Confidentiality degree: is not subject to a state or trade secret
• WWW: URL
• Organization unit: Faculty of Law
• Keywords in English: Differentiated integration; flexible implementation; European Union; Energy Efficiency Directive
• Tags: International impact, Reviewed

Abstract

This paper analyses patterns of differentiated implementation in four member states (Czechia, Germany, Ireland and the Netherlands) under the 2012 Energy Efficiency Directive (EED). Differentiated implementation occurs when member states makes use of the discretion given to them in EU legislation. This paper seeks to analyse whether differentiated implementation occurred under the EED and what this means for the effectiveness and legitimacy of the Directive. The EED offers broad discretion to member states in choosing and specifying targets and measures related to energy efficiency. The four member states have made extensive use of this discretion. The dominant pattern in this regard is that member states have used the discretion to retain domestic measures that were already in place. This pattern is driven by a combination of inertia and the wish not to disrupt well-working approaches. Overall, the pattern of differentiated implementation that resulted has arguably had a positive effect on goal-achievement under as well as domestic acceptance of the EED. At the same time, the Directive’s impact on domestic policies and approaches has been limited.