Towards a just energy transition: a critical analysis of the existing policies and regulations in Europe

Author:

del Guayo Íñigo1ORCID,Cuesta Álvaro2

Affiliation:

1. Departamento de Derecho, University of Almería Íñigo del Guayo, Professor of Administrative Law, , Almería, Spain

2. J&A Garrigues SLP Legal Trainee, Public Law, , Madrid, Spain. Tel: +34660520002; Fax: +34 91 553 42 85

Abstract

Abstract The concept of just transition is included in the texts that establish the energy policy of the European Union (EU), in particular in the texts relating to the European Green Deal. The idea refers to the need to compensate the inhabitants of those regions where coal-fired power plants or coalmines are closed, to try to maintain employment and activity. There is a proposal for a regulation that establishes a Just Transition Fund, as the main element of the Just Transition Mechanism. The fund is the focus in coal areas. This norm is inserted in the set of norms for the reconstruction of Europe (NextGenerationEU). The same idea of just transition is found in the laws that various European countries have passed (or are proposing to pass), such as the UK, Germany, Spain and Poland. It is assumed that energy justice requires that in those areas where new forms of electricity production are being implemented, using renewable sources of energy, which displace coal, workers must be compensated. This perspective is the one that has become general, due to the influence of the energy policy of the EU and its law. This article does also show that limiting the just transition to coal problems is inadequate, since the transition generates other problems related to energy justice (such as the implementation of renewable facilities in rural areas, environmental impacts, energy poverty, etc). In other words, the article highlights that there are several potential winners and losers in the energy transition, other than coal regions and workers. To illustrate that idea we pick three remarkable examples: (i) the mining of lithium, since it is a key for electric mobility, but can create environmental and/or social problems; (ii) damages to rural areas from wind or sun installations (iii) and the increase of energy poverty.

Publisher

Oxford University Press (OUP)

Subject

Law,Management, Monitoring, Policy and Law,Energy (miscellaneous)

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