[ Energy ] Of which sovereignty do we speak?
In matters of energy policy, does the EU overstep the treaties by imposing obligations of means, beyond merely defining objectives? This question, posed by Poland, continues to linger unresolved.
Did you know that France, alongside the twenty-six other member states of the European Union, enjoys the liberty to select its sources of energy supply and its technological preferences in this sphere? In essence, is it not sovereign?
As articulated in Article 194 of the Lisbon Treaty, which refined the Treaty on the Functioning of the European Union in 2009: “Measures [of the EU] shall not infringe upon a Member State’s prerogative to determine the conditions for exploiting its energy resources, its choice among diverse energy sources, or the overarching structure of its energy supply.”
Put differently, France, like its fellow member states, holds the sovereign right to decide whether its energy mix comprises renewables, fossil fuels, nuclear power, or hydropower, and in what measure. To put it more vividly, France has the capacity to show Brussels the strength of its resolve. Does Brussels propose while Paris disposes? In practice, the scope for such autonomy is considerably more limited.