EVOLUTION AND LEGAL STATUS OF THE ENERGY EFFICIENCYFIRST PRINCIPLE IN EUROPEAN UNION LAW

Аннотация

The Energy Efficiency First (EE1) principle has emerged as one of the
most interesting concepts in contemporary European Union energy and
climate policy. Initially developed as a policy objective within the
Energy Union framework, EE1 has gradually evolved into a legally
recognized governance principle requiring policymakers and public
authorities to systematically assess energy-efficiency solutions
alongside traditional supply-side alternatives. This evolution reflects a
broader transformation in European energy governance, characterized
by a shift from infrastructure-centered approaches towards demandside optimization and integrated energy-system planning.
This article examines the legal evolution and legal status of the Energy
Efficiency First principle within the European Union legal order. It
demonstrates that EE1 has evolved from a political concept into a
legally recognized governance principle through its codification in
Regulation (EU) 2018/1999 and its subsequent operationalization in
Directive (EU) 2023/1791 on energy efficiency.
Particular attention is devoted to the legal nature of EE1 and its
relationship with broader principles of EU law, including
environmental integration, sustainable development, proportionality
and good administration. The article concludes that EE1 should be
understood as a principle of optimization that increasingly shapes
energy-related decision-making throughout the European Union and is
becoming embedded within the broader constitutional framework of
European energy governance. The article also identifies selected
implementation challenges, including methodological uncertainty,
administrative discretion, monitoring obligations and the emerging role
of national regulatory authorities.