Energy Transition and Democratic Challenges: The Contribution of EU Law

The legal design of future energy systems should be inserted in a far-reaching reflection on how energy is used and distributed according to the social goals defined within the framework of an institutional arrangement interacting with technological innovation. Energy law is then not to be seen as an independent branch of public law but as a particular approach in the overall legal framing of social reproduction processes. Energy democracy should be tackled according to this mindset. It had become almost a truism to think that energy transition to a post-fossil model is as such a way to enhance democracy. However, significant boost of socio-environmental conflicts related to renewable energy facilities raise doubts about an alleged necessary relation between new sources of energy, technological innovation and increasing democratization within the framework of a more or less smooth transition.The implementation of renewable energy in the context of energy transition has opened a debate about energy democracy. However, the discussion is often centred in the acceptability of renewable energy generation projects. Energy communities provide a way to develop robust democratic practices in the energy system, addressing inequalities and exclusions and promoting democracy as a fundamental social value. EU law has incorporated these entities and, thus, provide opportunities to bridge energy systems with democratic practices according with core values of the Union, although an explicit democratic principle is not to be found in EU law, which can contribute in a significant way to achieve a profound democratization of the energy systems. This contribution would be enhanced with a more explicit assumption of the democratic principle in energy related directives.