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欧盟能源安全问题十分突出。在推行能源内部市场建设及自由化的同时,共同体机构制定和实施了大量确保能源供应安全的法律措施,其特点是将获得基本能源服务作为一项公民权利,确立各市场主体的地位和责任,为能源安全确立一个透明和非歧视的“法律之阀”。同时,欧洲法院有关裁决表明,在欧盟尚未形成完全一致的能源法律政策的情况下,仍主要依靠各成员国自主采取应对供应安全问题的措施,即成员国可以基于各种“供应安全”的理由采取公共干预的措施,而不致违反欧共体条约的相关规定。欧盟在推进能源内部市场的同时确保供应安全的法律经验给我国提供了诸多有益的启示。
The EU’s energy security issue is very prominent. While promoting the construction and liberalization of the energy internal market, the Community agencies have formulated and implemented a large number of legal measures to ensure the security of energy supply, which is characterized by the acquisition of basic energy services as a civil rights and the establishment of the status and responsibility of the various market players. Establish a transparent and non-discriminatory “law valve” for energy security. At the same time, the relevant ruling of the European Court of Justice shows that the EU still relies mainly on its own measures to deal with supply security when the EU has not yet formed a completely consistent energy law and policy. Member states can base their efforts on various reasons of “supply security” Take public intervention measures, without violating the relevant provisions of the EC Treaty. The EU’s legal experience in ensuring supply security while promoting the energy internal market has provided many beneficial enlightenments to our country.