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ENERGY LAW
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Turkish Energy Law
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Introduction
Energy consumption has increased both globally and domestically
because of population growth. Activity in the energy sector has accelerated
in our country, as well as in the world, in order not to have difficulties in
energy supplies as a result of this increase in demand.
Since the exploration, use, generation, and consumption of these
energy sources are each discrete activities, it became necessary to regulate
these activities with some provisions, and these rules were enacted in
various pieces of legislation. As a result, a new branch of law was created
under the name of “
energy law”.
Both in the European Union (hereinafter
referred to as the “EU”) and in our country, many legislative efforts have
been attempted in this area
Twoof the threeFoundingTreaties of theEuropeanCommunity, namely
the Treaty establishing the European Coal and Steel Community dated
1951 (hereinafter referred to as the “ECSC”) and the Treaty establishing
the European Atomic Energy Community dated 1957 (hereinafter referred
to as the “EAEC”) concerned energy. Provisions relevant to the free flow
of goods, the right of company establishment, the right of the free flow of
capital and services, harmonization in domestic law and governmental aid
regulated in the Founding Treaties applied to the energy sector.
Although there were many provisions regarding energy policy in the
Founding Treaties, there is not an individual and detailed energy section
in any of these treaties. Therefore, energy law is structured by arranging
secondary legislation such as regulations, directives, communiqués,
resolutions, and recommendations in relation to the EU energy law.
To achieve EU membership for our country, new arrangements
were made in energy law by following the EU regulations as a result of
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Article of July 2010 – Prof. Dr. H. Ercüment Erdem