Enforcement Activism of the EU’ cement Activism of the EU’s Renewable Ener s Renewable Energy Directive During the Global Financial Crisis

Abstract

The American “shale revolution”1 has been an economic blessing in a troubled time,2 a blessing the EU (“European Union”) has largely not enjoyed.3 It may prove, however, to have been a double-edged sword. If the focus on expanding shale exploration alleviated energy independence concerns4 to the extent that renewable energy goals were deferred and consequently GhG (greenhouse gas) emissions could not be reduced, then the long-term outcome of the economic blessing may be an environmental curse.5 Meanwhile, foregoing the economic benefits of a non-renewable energy revolution and suffering from the economic downturn maintained pressure on the EU to reduce net energy imports and GhG emissions has ensured it has been unnerving in its renewable energy drive.6 Only three days after a €10 billion bailout of the Government of Cyprus in March 2013 by EU Member States,7 the European Commis sion asked the European Court Justice for a daily penalty on Cyprus of €11,404.808 for “failing to transpose” EU renewable energy legislation.9 Reporting non-compliance and seeking severe state fines in the European Courts at a time of government bailouts, the forcefulness of the European Commission in preventing and punishing infringements of renewable energy agreements has ascended its status to be an environmental cham pion in a time of European turmoil and lack of unity.10 This Article eval uates the European Commission’s enforcement measures of EU renewable energy law throughout the global financial crisis and considers the meth ods it has used. It considers that the financial crisis has only amplified the EU’s push for energy independence, which has empowered the Com mission to go unrestricted in seeking compliance of its renewable energy legislation—with the threat of stringent penalties for even those member states in severe economic or political crises.