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'The compatibility of the Energy Charter Treaty with EU law', 21 April 2022
"This study answers the question whether the Energy Charter Treaty (ECT) as an agreement binding on the EU and the Member States is compatible with the EU Treaties. It finds that ECT as it currently stands is not compatible with the EU Treaties and that therefore the EU institutions and the Member States are required to either withdraw from the ECT or ensure that it is amended.
The first main defect of the current text of the ECT is that the ECT adversely affects the autonomy of EU law by enabling investment tribunals to interpret and apply EU law without introducing the necessary safeguards that preserve the EU’s unique legal and judicial framework (autonomy of EU law).
The second main defect is that the ECT adversely affects the operation of the EU institutions in accordance with the EU’s constitutional framework..."
The European Union is poised to agree on a joint exit from a controversial energy investment protection agreement that activists say is a roadblock to the bloc’s path toward climate neutrality.
Portugal has become the latest European country to announce its intention to withdraw from the Energy Charter Treaty, in line with the European Commission's recent proposal that all EU countries jointly exit the Treaty.
The European Commission has proposed that all EU members jointly quit the Energy Charter Treaty, citing climate concerns. The Energy Charter Treaty protects the investments of energy companies, including fossil fuel companies.
Denmark becomes the latest country to withdraw from the Energy Charter Treaty, an investment agreement protecting fossil fuel investors which the Danish government now sees as obstructing the green transition.
In the wake of the EU's announcement that it plans to coordinate a withdrawal from the Energy Charter Treaty, Kyla Tienhaara and Rachel Thrasher call for the UK to follow suit to prevent fossil fuel companies suing governments for decisions that threaten the profitability of their business model.
More than 100 academic experts have written to the UK government calling for the UK to exit the Energy Charter Treaty agreement. They say that continued membership of the Treaty will harm the UK's prospects of limiting global warming.
Switzerland intends to remain in the Energy Charter Treaty despite the EU's recently-announced intention to withdraw. This raises the risk that fossil fuel companies will restructure their operations to use Switzerland as a base to challenge green energy policies.
The European Commission has told member countries that a joint EU exit from a controversial international energy treaty appears inevitable, according to a document seen by EURACTIV, with some of them already leaving the accord on climate concerns.
In a major u-turn, the European Commission has recommended a full EU-wide exit from the controversial Energy Charter Treaty, an investment agreement covering the energy sector that has been criticised as an obstacle in the transition to clean energy.
After seven EU member states announced their withdrawal from the Energy Charter Treaty, the case for the EU to lead a coordinated exit from the agreement in 2023 becomes overwhelming.
The treaty allows fossil fuel companies to sue governments for taking climate change action. Blog from researchers at the Transnational Institute and the Anders Handel platform calls for the abolition of the Energy Charter Treaty.
The German government has announced its intentions to leave the Energy Charter Treaty, joining France, Spain and other EU countries which have recently rejected the controversial treaty.
EU countries are voting with their feet, quitting the investor protection pact despite the EU’s efforts to reform it – but the European Commission warns it will be worse to be outside than in.
President Macron said quitting the ECT, which protects fossil fuel investors from policy changes that might threaten their profits, was ‘coherent’ with Paris climate deal
Spain has initiated a procedure to withdraw from the Energy Charter Treaty (ECT), which protects investments in fossil fuels and other energy infrastructure, official sources confirmed.
Activists have drawn attention to a previously unnoticed draft law from the Polish government setting the country on course to withdraw from a 1990s treaty they say was designed to protect fossil fuels and needs to be abandoned in light of the climate crisis.
European governments are still considering withdrawal from the Energy Charter Treaty (ECT), despite the EU Commission’s efforts to modernise the controversial pact, documents leaked to Investigate Europe reveal.
The Report on the future of EU international investment policy, which demands a withdrawal from the Energy Charter Treaty, was adopted with a clear majority.
More European Union countries have shown signs of impatience with the ongoing reform of the Energy Charter Treaty (ECT), which critics say impedes international efforts to phase out fossil fuels, according to leaked diplomatic cables seen by EURACTIV.
Report commissioned by ClientEarth looking at the extent to which the continued application of the Energy Charter Treaty is compatible with EU law following recent conclusions from the European Court of Justice.
Campaigners have accused the UK and Switzerland of undermining reform of the Energy Charter Treaty in a bid to tempt fossil fuel firms to relocate their headquarters.
Little progress has been made to modernise a controversial agreement on energy investments that activists warn could derail decarbonisation efforts in Europe and across the globe, according to leaked documents.
