Adaptation, Experimentation or Conservation? The Uses of Differentiated implementation under the Energy Efficiency Directive

HOPPE, Alexander, Michael HÜBNER, Sebastiaan PRINCEN and Martin ŠVEC. Adaptation, Experimentation or Conservation? The Uses of Differentiated implementation under the Energy Efficiency Directive. JCMS-Journal of Common Market Studies. Hoboken: Wiley, 2024, vol. 2024, 24 July 2024. ISSN 0021-9886. Available from: https://dx.doi.org/10.1111/jcms.13647.

Basic information

• Original name: Adaptation, Experimentation or Conservation? The Uses of Differentiated implementation under the Energy Efficiency Directive
• Authors: HOPPE, Alexander, Michael HÜBNER, Sebastiaan PRINCEN and Martin ŠVEC.
• Edition: JCMS-Journal of Common Market Studies, Hoboken, Wiley, 2024, 0021-9886.

Other information

• Original language: English
• Type of outcome: Article in a journal
• Confidentiality degree: is not subject to a state or trade secret
• WWW: URL
• Impact factor: Impact factor: 2.200 in 2022
• Organization unit: Faculty of Law
• Doi: http://dx.doi.org/10.1111/jcms.13647
• Keywords (in Czech): Energetika; Energetická účinnost; právo EU
• Keywords in English: Energy Law; Energy Efficiency; EU Law
• Tags: energetické právo, energetický trh, právo EU
• Tags: International impact, Reviewed

Abstract

In this article, we introduce an innovative theoretical framework to analyse the use of differentiated implementation in the implementation process of European Union (EU) Directives. We identify rationales for offering flexibility in EU Directives as well as motives for policy-makers to make use of the discretion. We analyse patterns and drivers of differentiated implementation under the Energy Efficiency Directive (EED) in four member states in order to assess whether practices of differentiated implementation conform to the rationales for offering flexibility. We show that member states mainly use the flexibility offered to retain existing policies. In addition, the EED led to some mutual learning based on experimentation, although this effect is limited. Whilst the EED offered a high potential for mutual learning, the member states did not use this opportunity. Overall, the implementation of the EED offers mixed evidence for the use of differentiated implementation to support differentiation.