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2 results

  • Energy Justice and the Principles of Article 194(1) TFEU Governing EU Energy Policy

  • Laura Kaschny
  • Journal:
    Transnational Environmental Law / Volume 12 / Issue 2 / July 2023
    Published online by Cambridge University Press:
    19 June 2023, pp. 270-294
    • Article
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  • Recent geopolitical and environmental events have created a new urgency for a just energy transition and a socially inclusive modernization of the energy sector. This article critically evaluates the extent to which Article 194(1) of the Treaty on the Functioning of the European Union (TFEU), as the competence provision of EU energy law, is congruent with the energy justice framework emerging from social sciences. It establishes the substantive scope and justiciability of Article 194(1) TFEU, including the legal principles and so-called ‘guiding principles’ of the provision relating to the internal market, environmental protection, and energy solidarity. The article analyzes the potential and shortcomings of Article 194(1) TFEU in contributing to more equitable decision-making processes in EU energy law. It concludes by evaluating the provision as a regulatory instrument that facilitates the (re)balancing of competing interests of the energy sector. This research further concludes that social considerations of energy justice cannot be sufficiently addressed through Article 194(1) TFEU.

  • 13 - Poverty and Natural Law

  • Edited by William A. Galston, Brookings Institution, Washington DC, Peter H. Hoffenberg, University of Hawaii, Manoa
  • Book:
    Poverty and Morality
    Published online:
    05 June 2012
    Print publication:
    20 September 2010, pp 265-284

  • Summary

    As the nature of poverty changed significantly from the medieval to the modern and contemporary periods, so also has natural law reflection on poverty. This chapter begins with an exposition of the basic lines of Thomas Aquinas's natural law ethic, particularly as it was applied to poverty, and provides a brief explication of one of this tradition's most important early modern advocates, Bartolomé de Las Casas, O.P. It also examines the work of John Finnis, one of the founders of the "new natural law theory", and the use of his theory by a development economist, Sabina Alkire. Natural law approaches responsibility for domestic poverty in terms of three principles: the principle of solidarity, the principle of subsidiarity, and the principle of the common good regarding the state as ultimately responsible for promoting the public good when other agencies fail to do so.