In June 2024, the European Union (EU) notified its withdrawal from the Energy Charter Treaty (ECT). This decision seems to constitute the final step of a long and complex path. The ECT is a very disputed multilateral trade and investment agreement applicable to the energy sector, concluded in 1994. This was originally strongly supported by the European Community (EC), which was interested in promoting EC energy investments in Eastern Europe fossil fuel markets. However, over the years, this Treaty has become a “burning issue” for the EU, both from a legal and political point of view. Therefore, the EU promoted a reform of the ECT through the so-called “modernisation process”. Due to the limited results of this process, the EU decided to leave the Treaty, allowing member states to remain contracting parties. The article takes into consideration the most controversial aspects of this Treaty, its modernisation process and the limits of the so-called “Agreement in principle” that derived from it, as well as, in particular, the legal issues and the political consequences of the EU withdrawal from the ECT.
Unione europea e Trattato sulla Carta dell’energia: il capitolo finale?
Maria Rosaria Mauro
2024-01-01
Abstract
In June 2024, the European Union (EU) notified its withdrawal from the Energy Charter Treaty (ECT). This decision seems to constitute the final step of a long and complex path. The ECT is a very disputed multilateral trade and investment agreement applicable to the energy sector, concluded in 1994. This was originally strongly supported by the European Community (EC), which was interested in promoting EC energy investments in Eastern Europe fossil fuel markets. However, over the years, this Treaty has become a “burning issue” for the EU, both from a legal and political point of view. Therefore, the EU promoted a reform of the ECT through the so-called “modernisation process”. Due to the limited results of this process, the EU decided to leave the Treaty, allowing member states to remain contracting parties. The article takes into consideration the most controversial aspects of this Treaty, its modernisation process and the limits of the so-called “Agreement in principle” that derived from it, as well as, in particular, the legal issues and the political consequences of the EU withdrawal from the ECT.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
