With the increase in population in the world and in our country, energy consumption has also increased. As a result of this demand in energy consumption, efforts towards the energy sector have accelerated in Turkey as well as all over the world in order to avoid problems in energy supply.
As the extraction, use, production and consumption of energy resources are separate activities, all these activities have to be bound by a number of rules and these rules have been gathered within the framework of various regulations. Thus, a new branch of law was formed under the name of “energy law.. Both in the European Union (EU) and in our country, many studies and arrangements have been made in this direction.
Two of the three Founding Treaties of the European Communities, the 1951 European Coal and Steel Community Treaty (“ECSC Treaty”) and the 1957 European Atomic Energy Community Treaty (“EEC Treaty”), relate to energy. The provisions of the Founding Treaties regarding the free movement of goods, the right to found a company, the free movement of services and capital, the harmonization of domestic laws and state aid shall also apply to the energy sector.
Although each of these Founding Treaties contains many provisions governing energy policies, none of them has a separate and detailed energy section. For this reason, energy law has been shaped by many secondary regulations in the form of regulations, directives, communiqués, decisions and recommendations regarding EU energy law.
As a result of Turkey’s efforts to harmonize with the EU acquis in the EU accession process, new regulations were made in the field of energy law, taking into account the EU regulations. For example, the Electricity Market Law no. 4628 and the Natural Gas Market Law no. 4646 show significant similarities to the Electricity and Natural Gas Directives, which are equivalent regulations in the EU acquis.