Concluding Remarks

The regulation of the energy sector has been progressing since the introduction of the first energy package, which included aspects of the internal market. The formation of ambitious targets defined in the Green Deal strategy is the culmination of this evolution, which includes a comprehensive structure of regulations, guidelines, and directives. Article 194 of TFEU outlines the essential rules that provide Member States the authority to determine their energy mix. This is a critical aspect of the European Union’s primary legislation. Although Member States have the right to determine their own national energy mix, this provision creates uncertainty about the division of powers between the EU and Member States, as well as possible legal consequences under secondary law. This provision of the European Union’s primary law is limited to the criteria outlined in the EU’s secondary law that relate to determining the desired amount of energy resources in each Member State. The specified legal framework empowers Member States to define their own energy equilibrium by setting criteria and obligations related to a specific amount of energy within the overall energy balance. The secondary legislation of the European Union enshrines this authority.