To bind or not to bind? A legal analysis of the EU energy targets

Abstract

European Union is an incontestable leader in environmental matters. Its climate change framework includes high ambitious with ramifications beyond purely environmental concerns. The increasing concerns regarding the greenhouse gases emissions, led the European Union to strengthen the policies of the most impactful sector, namely the energy sector. The Energy industry became the reason for climate, but the energy framework can become the solution, and the energy targets its most valuable tool. The targets as a legal instrument were introduced by the climate legislation, but they were fully adapted and became an indispensable tool for obtaining the renewable energy and energy efficiency goals. However, the energy goals cannot be achieved without effective energy target. Their effectiveness is mostly determined by their legal nature (binding or non binding force). But does a binding force predicts effectiveness? Or establishing non binding targets will determine the Member States to set higher energy ambitious? Do we want to bind or not to bind?