The axiology of the energy sector’s regulation (Part II)
The aim of this study is to answer the question, what values (goals) underlie the intrusive activities of the relevant public authorities in matters of economic regulation of the energy sector. The answer to this question is important to set the legal conditions and circumstances for public authorities’ intervention in the business activity of individuals, understood as the essential purpose and condition of interference with the rights and freedoms of market participants. Analyzing axiological conditions of the energy sector regulation one can find the deliberate linking of pro-competitive with other public interests’ objectives of the energy sector regulation. To achieve these goals, the state “uses” private business entities, whereby they perform these goals in their own economic interest, and the state (public administration) regulates their market behaviour in the public interest. The peculiarity of the energy law, as well as other sectoral regulations in network-bound sectors, is the “social functionalization” of private competition. Energy Law fits thus strictly in the context of the principles of social market economy, according to which the primacy of the market is justified in so far as the mechanism of competition serve in the public interest.
This section will discuss such goals (values) underlying the regulation of the energy sector as security of energy supply and competition; the interaction of objectives (values) indicated in Article 1 Section 2 Energy Law will be analyzed as well.