The battle for differentiated integration in the EU energy policy

Abstract

The main purpose of the article is to describe differentiated integration in the EU energy policy which concerns the exemption of the Nord Stream 2 and OPAL pipelines from European law, and more precisely from the so-called Third Energy Package. The attempt to derogate EU law in relation to these pipelines in Germany was of great economic and political importance for Central Europe as a whole. It also affected the modification of EU law and thus had systemic consequences for the entire EU. In this article, I will analyse the process aimed at derogation from the application of European law and its consequences. Furthermore, I will try to answer the question to what extent the public discussion hindered the possibilities of exemption from European law. Finally, I will turn to clarifying the reasons why exclusion from EU law in the case under review has failed. This seems to be of great importance when explaining other failed attempts to diversify integration in recent years as well; it may also help delineate what limitations there are for the very process in the future.