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.
|Published||May 1, 2012|
|Found in||EnergyEnergy EfficiencyRule of law|