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Le droit de la transition énergétique, une tentative d'identification

Abstract : This doctoral thesis aims to study the legal framework of the energy transition in France since 2012. From this year on, the term “energy transition” has been increasingly used in environment and energy-linked public policies. The scope of the legal developments related to the energy transition is so wide that this work has only focused on the rules applicable to renewable sources of electricity, especially onshore wind and solar photovoltaics. As a result, it appears that the energy transition law lies at a crossroads between older and more recognised fields of the Law. Evolutionary more than revolutionary, it fits into the existing frame and submits itself to the classical principles of Law. Among the outcomes of this research, we found that the energy transition law is making a strong use of planning tools, potentially placing it under a measurable performance obligation. It is also forced to integrate very contemporary notions of justice, linked to its finality, denying it the qualification of a solely technical law. However, there was confusion in the writing process of the Energy Transition for Green Growth Act, the flagship energy transition act, because of its size, its conflicts and the inherent flaws of the institutions of the 5th Republic. This context did not promote the emergence of a stable and high-quality law. Actually, it is lacking of legal certainty. Finally, energy transition law is more often than not placing a break on than facilitating the development of renewable energy, while it is badly written and ill-equipped to organise the decrease of nuclear energy into the electrical mix.
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Submitted on : Monday, February 12, 2018 - 11:55:06 AM
Last modification on : Tuesday, February 23, 2021 - 1:55:10 PM
Long-term archiving on: : Monday, May 7, 2018 - 6:36:43 PM


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  • HAL Id : tel-01706796, version 1



Romain Mauger. Le droit de la transition énergétique, une tentative d'identification. Droit. Université Montpellier, 2017. Français. ⟨NNT : 2017MONTD003⟩. ⟨tel-01706796⟩



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