This training module will be structured in two parts. The first part will cover independence rules applicable to energy national regulatory authorities (NRAs) and the reality test. It will start with a definition of ‘independence’ and then examine independence in decision-making; independence in decision enforcement; independence in resources, NRAs´ staffing and budget; accountability of the regulatory action, policy and regulation; judicial review of regulatory decisions; and finally, independence in terms of NRAs´ duties and powers.
Council of European Energy Regulators (CEER) will present some general recommendations in each of the aforementioned areas. In the second part, CEER will present some case studies and European experiences in the application of NRA independence rules. European Court of Justice and national court decisions will be examined in terms of how the adapt/adjust the legal framework that would apply. Finally, there will be some conclusions and an outlook on challenges of the changing legal frameworks and tasks. The will be complemented by the ongoing assessment by the EU and international institutions (e.g. OECD…etc.).