ABSTRACT

Like many of her neighbours in Europe, France has set ambitious targets for the development of renewable energies and, especially, for the development of electricity generation from renewable sources. Before the EU imposed a target of a 23% share of energy from renewable sources in final energy consumption in 2020, France imposed this objective herself, and the recent “Energy Transition Act” has increased those objectives. Nevertheless, as a matter of fact, France is in quite a specific position, given the actual share of nuclear power in France's electric mix.

However, beyond the important political debates on the respective places of nuclear and renewable energies in the French electric mix, this raises the question of the juridical tools that are to be used to promote renewables in good economic conditions, as French law expressly requires. If specific tools have been created, the question of their ability to reach their goals remains. We have to admit that, for now, the development of renewable electricity in France suffers from several legal barriers, such as excessive complexity and instability. Furthermore, French law has to deal with European rules, especially regarding State aids, and will need to reconsider the ways to support the promotion of renewables.

INTRODUCTION

The promotion of renewable energies has become a centrepiece of French energy policy, as well as of the European Energy Policy. The development of renewables, in the electricity sector particularly, is now considered to be an essential means to achieve the general objectives of French and European Energy policies. Indeed, promoting electricity from renewable energy sources contributes to the security of supply, energy independence and to the fight against climate change. Thus, it is not surprising that both French and European energy policies will insist on the necessity to develop electricity from renewable sources massively over the next few years. But the question that remains is whether or not this objective can be met. Considering that law is an essential factor in this process, this chapter addresses the question of the ability of energy law to drive behavioural changes in order to reach that goal. Indeed, the promotion of renewable energies not only requires the elimination of technological and economic barriers; it also implies fighting against legal ones.