Judicial Review v. Regulatory Discretion in Energy Service Price Regulation Disputes: Lithuanian Experience and Lessons to Be Learned From the Court of Justice of the European Union
Article from: OGEL 2 (2011), in Comparative Energy Law
Introduction
Regulatory discretion is unquestionably an essential and unavoidable part of energy service price regulation process. Legal acts are unable to provide a clear-cut answer as to how each and every element of price calculation is to be considered to best reflect a certain public policy. Thus, a regulator is to be provided with some degree of freedom of action and decision as a single most informed body to carry out a relevant complex economic analysis. That being said, judicial disputes over such regulatory decisions raise numerous questions as to how to preserve a ...