Support for Photovoltaic Power Plants – Czech Legislator’s Dilemma from the perspective of both the EU and International law
Support for Photovoltaic Power Plants – Czech Legislator’s Dilemma from the perspective of both the EU and International law

Summary/Abstract: Czech subsidies on production of electricity from renewable energy sources represent a sensitive and highly discussed topic in the Czech Republic, in particular where photovoltaic power plants are concerned. The legal viewpoint is not necessarily limited to only the constitutional and criminal-law implications. The issue is also of great interest from the systemic and theoretical viewpoints, especially where assessed comprehensively in the context of the EU law and, simultaneously, in conjunction with the public international law. The protection of investments into photovoltaic power plants is often protected under international law by bilateral treaties. However, the subsidies itself may not be under certain occasions in accordance with the EU law which put the two in conflict that must be solved by the Czech legislator. This article tries to find a solution to this conflict. On the other hand, the validity of the Czech legislation or its substantive analysis are not in the centre of the interest of the article. Accordingly, the article does not deal with the question whether or not the Czech law complies with the EU law. The article rather focuses on the relation between the Czech, EU law and international and the implications for the EU law and, in particular, for public international law.

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