Energy Communities and the Tensions Between Neoliberalism and Communitarianism

The convergent development of (renewable) distributed electricity sources, storage technologies (e.g., batteries), ‘big data’ devices (e.g., sensors, smart meters), and novel ICT infrastructure matching energy supply and demand (smart grids) enables new local and collective forms of energy consumption and production. This socio-technical evolution has been accompanied by the development of citizen energy communities that have been supported by EU energy governance and directives, adopting a political narrative of placing the citizen central in the ongoing energy transition. But to what extent are the ideals that motivate the energy community movement compatible with those of neoliberalism that have guided EU energy policy for the last four decades? Using a framework inspired by Michel Foucault’s idea of governmentality, we analyze the two political forms from three dimensions: ontological, economic and power politics. For the ontological and the economic dimensions, neoliberal governmentality is flexible enough to accommodate the tensions raised by the communitarians. In the dimension of power politics however, the communitarian logic does raise a fundamental challenge to neoliberal governmentality in the sense that it explicitly aims for a redefinition of the ‘common good’ of society’s energy supply based on democratic premises.

On some theoretical issues of classification of payment systems

Problem setting. The author’s vision of ways to solve the problem of classification of payment systems in the new political and socio-economic conditions is presented in the article. The need to rethink the concept of “payment system” in connection with changes in current legislation of Ukraine, which in this context makes the category of “payment transactions” instead of “transfer of funds”, as before. It is emphasized that such an innovation expands the concept of “payment system” in a broader sense, which requires additional scientific research. Analysis of recent researches and publications. The question of the classification of payment systems has been repeatedly addressed by both domestic and foreign scientists and practical workers. For domestic science and practice, there is a need for critical understanding of existing views on the classification of payment systems, which is caused by the processes of adaptation of national legislation to the EU acquis in accordance with the provisions of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand [9], in particular, in connection with the adoption of the Law of Ukraine “On Payment Services” dated June 30, 2021 № 1591-IX [10]. Such changes in the current legislation of Ukraine have not yet been properly reflected in publications on financial and legal topics and lead to further scientific searches in this area. Target of research is to update existing approaches to the classification of payment systems to improve the legal regulation of financial relations in new economic and socio-political conditions. Article’s main body. The understanding of the term “classification” is clarified, because in the practice of research in general theory of law and branch of legal sciences, it is often used without indicating its clear meaningful understanding or such a view may have significant differences. It is noted that although for legal science classification is a traditional and widely used method of scientific research, at the same time, there is a need for a clearer idea of such a means of scientific knowledge and overcoming terminological inconsistencies. Attention is drawn to the need to compare the concept of “classification” with such related categories as typology, systematization, modeling, clustering, cataloging, periodization, etc. Conclusions and prospects for the development. The view is maintained that to classify means to divide objects, phenomena or concepts into classes, groups, etc. according to common features, properties, criteria. It is emphasized that most of the criteria for the classification of payment systems are conditionally legal and reflect their respective organizational, functional or technical and technological features. In this context, the opinion is expressed that the legal criteria for classification should be considered only those that directly have the appropriate legal significance, determine the content in the areas of legal regulation of the organization and functioning of payment systems. It is proposed to distinguish between regulated and unregulated payment systems on such a legal basis as state legitimacy.

Legal significance of the decisions of the court of the European Union concerning the application of commonwealth energy legislation in the energy sphere by other states-participants and issue on the use of such decisions by the courts of Ukraine in the resolution of relevant disputes

Problem setting. The Court of the European Union is a central term, which characterizes the entire court system of the European Union, which, without a doubt, includes three lanes: the Court of Justice, the Zagalny Court and special judges. Such an institute is aimed at accepting new acts of legal form and legal significance, and the very decision, the decision of the institution. The acceptance of such acts is a manifestation of the implementation of the judicial competence of the named institution, however, the link with the system is determined by the following: which may be the reason for the nature of precedent practice; both the established stench for the use of the Court itself by the Court of Justice itself, as well as by the other institutions, which have been approved by Article 13 of the Treaty on the European Union; what is the decision of the Court EU norms of law EU. Analysis of the meaningful nutrition is the subject of a complete dosage. Analysis of recent researches and publications. The legal meaning of the decision to the Court of the European Union and the possibility of implementing such decisions before the legislation of Ukraine. Target of research is to examine the status of decisions of the Court of Justice of the European Union as a precedent. Article’s main body. The research is devoted to the analysis of the legal significance of the decisions of the Court of Justice of the European Union on the application of acts of the legislation of the Energy Community in the field of energy by the courts of Ukraine in resolving relevant disputes. It is noted that the Court of Justice of the EU is a judicial institution of another legal order, an international organization – the European Union, whose practice is fundamental to the development of the rule of law in the European Union. However, it is stated that the national courts of the EU member states are tasked with the daily application of EU law in accordance with the principles of supremacy, direct action and responsibility of member states for compliance with EU law. It is established that the legal basis for the functioning of the electricity market is the Constitution of Ukraine, special laws, international treaties of Ukraine, approved by the Verkhovna Rada of Ukraine, and other legislation of Ukraine, according to which the subjects of power and courts In applying the provisions of this Law, the law enforcement practice of the Energy Community and the European Union shall be taken into account, in particular decisions of the Court of Justice of the European Union (European Court of Justice, General Court), the European Commission and the Energy Community Secretariat. Conclusions and prospects for the development. A systematic analysis of the norms of national and international law allows us to conclude that the provisions of the Association Agreement between Ukraine and the EU are part of the national legislation of Ukraine, its provisions are mandatory and binding throughout Ukraine. Therefore, the case law of the Court of Justice of the European Union is applicable to the courts of Ukraine in resolving disputes concerning the application of energy legislation in the field of energy by other member states in full in the same manner as for the application of European Court of Human Rights.

Designing Collaborative Energy Communities: A European Overview

Renewable energy has a crucial role in facing climate change. One promising strategy is the creation of energy communities that require active involvement from a bottom-up perspective. Their implementation is difficult, as they currently rely on local policies, community readiness, and technological availability. The objective of this paper is to provide a qualitative overview of energy community concepts and strategies at the European level. The aim is to identify common approaches that are framing the development of energy communities, and to understand the most successful steps leading to their creation and growth. To achieve this objective, a threefold methodology is provided: (1) an updated review on policies dealing with energy communities at the European and Italian level; (2) a qualitative overview of European-funded projects under the Horizon 2020 work program; and (3) a qualitative overview of some of the most successful existing energy communities in Europe. The results outline a series of considerations and lessons learned that are useful for implementing this transition pathway in a real case, which is also presented in the paper. The conclusions will identify some future directions of this research, particularly in relation to the results coming from the implementation of actions in the real case.