Neither here nor elsewhere : exploring the legal framework of gas pipelines in Europe

Abstract

Beginning with the consideration of the Trans Adriatic Pipeline case and the protests surrounding its realisation, this work develops an analysis of the legal framework applicable to the energy infrastructures in the European Union. The thesis is divided in two main parts which try to give a panoramic overview of the legal regimes: upstream, selecting the Projects of Common Interest (PCIs) at EU level; and downstream, protecting and enforcing the realisation of the selected projects. Both sections reconnect those regimes to the historical and political contexts in which they have developed. The first part focuses on the role of the European Network of Transmission System Operators for Gas (ENTSOG) within the PCIs identification procedure, while the second part on the investor-State dispute settlements under the Energy Charter Treaty. The study points out several procedural and systemic shortcomings which may adverse the pursuit of climate mitigation targets. Moreover, it aims at exploring the system of values that the overall legal structure embodies as well as at understanding which space of action climate activists and social movements possess therein.