There is enough of a legal basis to file legal claims at national and international level to defend renewable investments. The electricity reform is undemocratic, since we have heard nothing from any of the parties affected by decisions that affect millions of consumers, energy producers, industries and society at large. Legal security and environmental quality are principles of our Constitution – and of European law – which are binding for all public authorities.
The principle of uniting together and concentrating claims could strengthen these claims and highlight the state of social emergency that has resulted from retroactivity being applied to all renewable investments. If the State does not defend legal certainty for renewables, we must defend it in national and European courts.
Since last July, the Minister of Industry has changed his mind about four times on the shortfall in electricity charges for 2013. Twice he has stated there would be no shortfall and twice that there would be. Finally, the Government broke its word and did not provide the €3.6bn from the State Budget, promised for electricity reform, thus amending its own reform and causing a tariff deficit for 2013 which, if nothing is done to remedy, will be charged to consumers. Parallel to this, without having yet approved the decree on renewables which they presented in July, the Government released a new version in November.
Article published in: FuturENERGY May 2014