Legal Framework for Price Regulation in the Energy Sector

Legal Framework for Price Regulation in the Energy Sector Abstract The thesis deals with price regulation and price composition in the energy sector. Price regulation in the energy sector primarily pertains to capacity-related activities. These activities are characterized by the monopolistic position of operators, and therefore, the legislator regulates this area. The form of price regulation by the energy regulatory office is established through abstract legal acts, which complicates the defense of recipients of price decisions. The thesis analyzes European regulations and jurisprudence, which place certain requirements on member states and can serve not only as a guide for interpreting Czech law but also contribute to greater protection of recipients of price decisions. The European directives concerning the electricity and gas sectors impose certain requirements on decisions by the Energy Regulatory Office to ensure that its decisions are properly justified and can be judicially reviewed. A remedy against decisions of price-setting bodies should be available to an independent entity separate from the parties and the government. The thesis points out the inadequacy of fulfilling this requirement and proposes the opinion that, based on this, there can be a direct application and evaluation of price..