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Content updated: 30-06-2016 13:28

The legal regulation governing public interest services in the electricity sector ruled in compliance with the Constitution and the respective provisions of laws

29-10-2015

By its ruling adopted today, the Constitutional Court recognised that the legal regulation, approved by means of certain government resolutions, and governing both the rendition of public interest services in the electricity sector and the administration of funds raised from such services is compatible with the Constitution, as well as with the provisions of the Law on Electricity and the Law on Energy from Renewable Sources.

The Constitutional Court held that the Government had properly implemented the powers conferred on it to establish a list of public interest services and a procedure for rendering such services: in the Description of the Procedure for Rendering Public Interest Services in the Electricity Sector, the additional services had been categorised as public interest services in view the public interest in the electricity sector and in conformity with the general requirements consolidated in the Law on Electricity.

When assessing whether the powers of the Government to establish a list of public interest services had been implemented properly, the Constitutional Court noted, among other things, that, under the Constitution, the specific character of economic activity in the sphere of energy and the necessity to ensure the security and reliability of the energy system, as well as the objective to ensure environmental protection by promoting, in various ways, the use of renewable energy sources, determines the particularities of the legal regulation governing the public interest services, therefore, it is also possible to establish such legal regulation on public interest services in the sphere of electricity that would provide for the duty of all the electricity customers to pay for such services. The Constitutional Court also noted that, under the legal regulation established in the Law on Electricity, the duty of every electricity customer (a person whose equipment is connected either to a certain grid or direct line and who, as a result of this, has the possibility of purchasing the amount of electricity required for satisfying his/her needs) to pay for public interest services is related to the amount of the used electricity, irrespective of which part of the used electricity is purchased or which part is generated by the customers themselves. The Constitutional Court also held that the duty to pay for public interest services as established in the Description of the Procedure for the Administration of Funds Raised from Public Interest Services in the Electricity Sector with respect to the persons who, for their economic needs, use the electricity generated by themselves had been established without violating the Constitution and the provisions of the Law on Electricity.