Environmental protection vs energy security in shale gas activities

LTReikšminiai žodžiai: Environmental rights; Energy security; Unconventional hydrocarbons.

ENOne of the purposes of law is to find a balance between two competing interests: protection of individual rights and security of the society. In addition, qualitative criteria and minimum standards for such a compromise must be set. In the changing World, new concepts that materialize those competing interests constantly arise. A person‘s right to a clean environment as well as the energy security are among such new concepts. In most cases, none of them is to be found in main legislative documents (Constitutions, founding Treaties). However, both concepts are recognized as fundamental by courts through the interpretation of legislation. Right to a safe environment is one of a new generation human rights. Supranational courts have established Governments‘ obligation to take all feasible measures in order to ensure the quality of environment is not deteriorating. However, in certain cases this right (as any other human right) may be restricted. There is no definite list of elements that can justify such a restriction. However, national security is universally established to be one of such elements. In the modern world, energy security is perceived as one of the dimensions of national security. Such a position is confirmed both at the national and supranational levels. Question of qualitative standards arises when searching for a balance between the protection of environmental rights and the energy security. Currently, there are no clearly established requirements to be observed during such a scrutiny, although certain practice already exists in the legislation and jurisprudence. Author analyses the link between the protection of environmental rights and the energy security, with the aim to establish qualitative EU law standards of the relationship between individual and collective security measures. The analysis is based on the author‘s research of the unconventional hydrocarbons‘ activities from the perspective of the EU environmental legislation.