The Complexity of the Litigations in the Energy Regulated Field of Activity. The Necessity of the Specialization of the Judge Panels

• Author: Andreea Stoican
• Profession: Law Department, Bucharest University of Economic Studies, Romania
• Pages: 99-111

The Complexity of the Litigations in the Energy Regulated Field of

Activity. The Necessity of the Specialization of the Judge Panels

Assistant professor Andreea STOICAN

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Abstract

In Romania, a whole series of scopes of business are currently regulated, and

the level of detail, technicality and high number of specific normative acts related thereto

make it extremely difficult to understand and ap ply them, both for technical experts, and

particularly for jurists. Such a business scope is the regulated field of electrical power

(energy). Primarily regulated by the Parliamen t, though the laws outlining the general

implementation framework, the trading activities in the field of electrical power are

mainly performed through the provisions stipulated by the secondary regulations, namely

by the ones ela borated, approved, implemented and supervised by the Nation al

Regulatory Authority for Energy (Autoritatea Naţională de Reglementare în Domeniul

Energiei – ANRE). The legal professions which are currently most often confronted with

issues arising from the wrongful implementation of the provisions mentioned hereinabove

are the ones of attorney-at-law and magistrate. Therefore, this paper aims at analysing

the necessity of training certain categories of professionals in the legal field specialising

in this activity sector, so that they may have a basic training level offering them the

opportunity to represent or assist the players on the regulated market, namely to correctly

settle the litigations occurring between such players or between the players and the

Regulatory Authority.

Keywords: regulated field, regulatory authority, renewable sources, specialised

panels

JEL Classification: K49, K23

1. Introduction

In Romania, a whole series of scopes of business are currently regulated,

and the level of detail, technicality and high number of specific normative acts

related thereto make it extremely difficult to understand and apply them, both for

technical experts, and particularly for jurists.

Such a business scope is the regulated field of electrical power (energy).

Primarily regulated by the Parliament, though the laws outlining the

general implementation framework, the trading activities in the field of electrical

power are mainly performed through the provisions stipulated by the secondary

regulations, namely by the ones elaborated, approved, implemented and

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Andreea Stoican – Law Department, Bucharest University of Economic Studies, Romania, E-

mail: andreeastoican@yahoo.co.uk.