The article examines how the caveat in Article 194(2) TFEU on Member States' right to determine the conditions for exploiting its energy resources affects the division of powers between the Union and the Member States to regulate the conditions for exploitation of their energy resources. In the background of the discussion is the question of whether the Union should be concerned with the complex and sometimes divergent rules that govern access to exploitation of energy resources in the Member States and asks whether the Union has powers under Article 194(2) TFEU to take action. The article also addresses the question of whether the caveat can be seen as a sign of increased resource nationalism - in the sense that states seek to maintain or reclaim control over the exploitation of their energy resources, or, whether the caveat simply reflects a balance already agreed upon in the Hydrocarbon Directive.
European Energy and Environmental Law Review