Dreptul și sursele renovabile de energie. Dimensiuni ale unui regim juridic particular
Law and Renewable Energy Sources. Dimensions of a Particular Legal Regime

Summary/Abstract: The necessity of establishing a particular legal regime for renewable energy sources comes from their promotion as main alternative to exiting the present energy model based on fossil fuels, significant emitters of GHGs and highly exhaustible, and the transition towards one based on clean and sustainable energy sources, which allow reaching climate neutrality. Joining the energy, climate, and growths related stakes marks an intersectoral nature to the applicable regimes, with structuring trends and specific developments raising the issue of creating a „renewable energy law” and its main question: new branch of law or special legal regime? As an „crossing” field of ruling (on the one hand, between energy law, environmental law, and climate law, and on the other hand, between international law, EU law, and domestic law, with an integrating vocation), the new law is marked by the environmental transition and the mix of analysis concept and enforcing instruments. By its own implications, it nuances the traditional meanings of some consecrated principles and legal institutions, in the effort of adapting the legal arsenal to the new energy challenges. The lack of adequate specificities, at least for the moment, does not justify it being considered a new branch of law, but it is limited to its affirmation in the field of enforcing a complex legal regime, often derogatory from the common regulations, created in a sense of assimilating perception and promoting the special exigencies of the pillar of renewable sources of the foreshadowed new energy model.

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