Pielow, J.-Chr. and Ehlers, E.: Ownership Unbundling and Constitutional Conflict: A Typical German Debate?, pp. 34. In: European Review of Energy Markets- volume 2, issue 3, May 2008.
The authors analyze the Commission’s draft package of new legislation for the promotion of further liberalization of the European energy markets, more specifically the proposal to introduce ownership unbundling of the energy networks (to include the proposed share split) or, as second best solution, an Independent System Operator model. The analysis focuses on the competence of the European legislator and whether it is allowed to exercise this competence. A brief excursus deals with competition related measures considered by the Commission. The fundamental rights related implications of the Commission proposals are discussed with respect to both, European and German fundamental rights protection. Brief elaborations are made about possible fundamental rights implications in some other Member States such as the Netherlands, Spain and France.