Are provisions on public procurement and buildings renovation in the proposal for the Energy Efficiency Directive (EED)1 unconstitutional?

Some Member States have been arguing that certain articles of the proposal for an Energy Efficiency Directive, namely on energy efficiency in public procurement (Article 5) and buildings renovation (Articles 3a and 4), are ‘unconstitutional’. Their specific concern is not clear as the term 'unconstitutional' is vague. Hiding behind this accusation could be a question of EU competence to legislate on energy efficiency in public procurement and buildings renovation, or perhaps accusations of non-compliance with the principles of subsidiarity and proportionality. This memorandum shows that energy efficiency requirements in relation to public procurement and building renovation fall under the EU competence and  comply with principles of subsidiarity and proportionality. Therefore, Member States’ arguments of unconstitutionality are not well founded.

Size 152 KB
Published May 1, 2012
Found in EnergyEnergy EfficiencyRule of law