EU Energy Relations With Russia - Solidarity and the Rule of Law

This monograph provides a detailed analysis of the legal framework against which the energy trade between the European Union (EU) and the Russian Federation (Russia) has been conducted. In doing so the author critically examines the EU’s ability and the duty of its Member States to conduct its external energy trade in solidarity. In addition, the book assesses whether and to what extent the current EU – Russia energy trade is conducted within the confines of a rule based system. In order to illustrate the arguments, the relevant legal instruments, jurisprudence and a number of EU Member State practices are utilised. It is concluded that principle of solidarity is not a mere idea but an explicit legal requirement which is embedded in the acquis communautaire of the EU therefore it shall be observed. However, the external energy trade policies across the EU indicate that Member States do not act in solidarity when it comes to external energy trade with Russia. Furthermore, the overall framework for EU – Russia energy trade does not amount to one that is based on the rule of law as it lacks a number of essential elements inter alia an independent adjudication, effective and predictable legal redress and enforcement mechanisms. These characteristics coupled with the recent crisis in EU – Russia relations expose the EU Single Market and its citizens to risk and uncertainty.