THE METHOD OF NORMING THE TRANSLATION CONDITIONS TO COMPETITIVE ELECTRICITY SUPPLY MARKET
In objectifying a desirable economic and social reality, the undistorted and efficiency regulatory mode of the conditions for the supply of electricity on a free commercial market by the national authority, a minimum legal requirement for the functioning of the electricity sector and market should b...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_043.pdf |
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| author | Constantin Claudiu ULARIU |
| author_facet | Constantin Claudiu ULARIU |
| author_sort | Constantin Claudiu ULARIU |
| collection | DOAJ |
| description | In objectifying a desirable economic and social reality, the undistorted and efficiency regulatory mode of the conditions for the supply of electricity on a free commercial market by the national authority, a minimum legal requirement for the functioning of the electricity sector and market should be respected, in terms of efficiency, competition, transparency and consumer protection. However, on the electricity market in Romania, marked by a successive translation of the conditions of electricity supply by suppliers and the establishment of the electricity tariff, between the method regulated by state institutions, having legal competences in the field, and the competitive market, the role of the National Energy Regulatory Authority, hereinafter referred to as ANRE, is even more important in avoiding competitive slippage and abuses against final consumers. Contrary to its role of administrative guardianship in the field of electricity supply, ANRE stood out, by issuing administrative orders regulating the conditions for the transition of captive consumers from the regulated to the competitive market, through an administrative-normative approach not only defective, but also harmful to consumers as well as through a lack of transparency and the adoption of at least questionable administrative orders. Therefore, from this point of view, it is strictly imposed the necessity of the systematic and teleological analysis of the ANRE Order no. 188/2020(subsequently amended by Order no. 6/2021), of the ANRE Order no. 241/2020 and of the ANRE Order no. 242/2020, from the perspective of the excess of power in the issuance / adoption of the administrative act institution, regulated by disp. art.2 paragraph 1 letter n) of Law no.554 / 2004. It is necessary to analyze the legal character of these orders issued by ANRE, including the possibility of censoring their stipulations by the court on the basis of excessive power adoption, as an indispensable requirement of compliance with the principle of legality of the administrative act, with the use of the jurisprudence of the European Court of Human Rights (ECHR) and the jurisprudence of the Court of Justice of the European Union (CJEU) relevant in the matter. |
| format | Article |
| id | doaj-art-d0c0d313aa484e2b8e71135ec0ac5fb7 |
| institution | DOAJ |
| issn | 2068-7796 |
| language | English |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-d0c0d313aa484e2b8e71135ec0ac5fb72025-08-20T02:43:55ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141681687THE METHOD OF NORMING THE TRANSLATION CONDITIONS TO COMPETITIVE ELECTRICITY SUPPLY MARKETConstantin Claudiu ULARIU0Judge at Bucharest Court, PhD Candidate at „Nicolae Titulescu” University (e-mail: claudiu_ulariu@yahoo.ro)In objectifying a desirable economic and social reality, the undistorted and efficiency regulatory mode of the conditions for the supply of electricity on a free commercial market by the national authority, a minimum legal requirement for the functioning of the electricity sector and market should be respected, in terms of efficiency, competition, transparency and consumer protection. However, on the electricity market in Romania, marked by a successive translation of the conditions of electricity supply by suppliers and the establishment of the electricity tariff, between the method regulated by state institutions, having legal competences in the field, and the competitive market, the role of the National Energy Regulatory Authority, hereinafter referred to as ANRE, is even more important in avoiding competitive slippage and abuses against final consumers. Contrary to its role of administrative guardianship in the field of electricity supply, ANRE stood out, by issuing administrative orders regulating the conditions for the transition of captive consumers from the regulated to the competitive market, through an administrative-normative approach not only defective, but also harmful to consumers as well as through a lack of transparency and the adoption of at least questionable administrative orders. Therefore, from this point of view, it is strictly imposed the necessity of the systematic and teleological analysis of the ANRE Order no. 188/2020(subsequently amended by Order no. 6/2021), of the ANRE Order no. 241/2020 and of the ANRE Order no. 242/2020, from the perspective of the excess of power in the issuance / adoption of the administrative act institution, regulated by disp. art.2 paragraph 1 letter n) of Law no.554 / 2004. It is necessary to analyze the legal character of these orders issued by ANRE, including the possibility of censoring their stipulations by the court on the basis of excessive power adoption, as an indispensable requirement of compliance with the principle of legality of the administrative act, with the use of the jurisprudence of the European Court of Human Rights (ECHR) and the jurisprudence of the Court of Justice of the European Union (CJEU) relevant in the matter.http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_043.pdforderadministrative guardianshipexcess of powerregulation |
| spellingShingle | Constantin Claudiu ULARIU THE METHOD OF NORMING THE TRANSLATION CONDITIONS TO COMPETITIVE ELECTRICITY SUPPLY MARKET Challenges of the Knowledge Society order administrative guardianship excess of power regulation |
| title | THE METHOD OF NORMING THE TRANSLATION CONDITIONS TO COMPETITIVE ELECTRICITY SUPPLY MARKET |
| title_full | THE METHOD OF NORMING THE TRANSLATION CONDITIONS TO COMPETITIVE ELECTRICITY SUPPLY MARKET |
| title_fullStr | THE METHOD OF NORMING THE TRANSLATION CONDITIONS TO COMPETITIVE ELECTRICITY SUPPLY MARKET |
| title_full_unstemmed | THE METHOD OF NORMING THE TRANSLATION CONDITIONS TO COMPETITIVE ELECTRICITY SUPPLY MARKET |
| title_short | THE METHOD OF NORMING THE TRANSLATION CONDITIONS TO COMPETITIVE ELECTRICITY SUPPLY MARKET |
| title_sort | method of norming the translation conditions to competitive electricity supply market |
| topic | order administrative guardianship excess of power regulation |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_043.pdf |
| work_keys_str_mv | AT constantinclaudiuulariu themethodofnormingthetranslationconditionstocompetitiveelectricitysupplymarket AT constantinclaudiuulariu methodofnormingthetranslationconditionstocompetitiveelectricitysupplymarket |