Last year a number of new EU initiatives on the regulation of infrastructural investments were brought to light: the aspiration of the European Commission to boost the development of the electricity and natural gas infrastructure was escorted by a series of policy declarations and amendments of regulation. These initiatives elicit an important shift in emphasis concerning the competence on transmission networks (and within that, in the first place, on cross-border lines): the power of member states to authorise investment plans becomes gradually superseded by certain normative rules and the Commission’s rights of decision. The draft order of the Commission on Trans- European energy infrastructure, which was presented to the legislative bodies of the EU (the European Parliament and the Council) in October 2011, is in line with this process. Below we review how much further will the sharing of competences between Member States and the Commission shift as a result of the regulatory initiative, in compari- son to earlier regulations.
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