A Brief Overview of the Principle of Energy Solidarity in EU law and Its Interplay with Divergent National Strategies of Member States

The principle of energy solidarity has the feature of promoting two poles that may seem opposed: on the one hand, the proper functioning of the single market, and on the other, the guarantee of access to energy for all, besides its political dimension, has emerged from the CJEU case-law as a principle with legally binding effect. National governments are therefore bound to consider the interests of fellow member states in the exercise of their energy policies. At the same time a reasonable balance of different member states’ possibly conflicting interests and the isolation of free-rider phenomena are expected from the EU institutions in the adoption of energy measures. The member states’ sovereign right to determine their energy mix is certainly not abrogated but exercised in compliance with the principle of energy solidarity. The strengthening of the EU and its progressive affirmation as a hard power are among the most efficient paths to energy security.