The Constitutional Court of Romania (CCR) has postponed its analysis of President Nicușor Dan’s referral regarding the amendment to the Electricity and Natural Gas Law until March 4, 2026. The President argues that the legislative act was adopted beyond the limits of reexamination. He has requested a correlation of the prosumer definition and a reassessment of the financial compensation associated with electricity production.
One of the critical points raised by President Dan pertains to the financial compensation mechanism for prosumers, individuals or entities that produce energy for their consumption while feeding surplus energy back into the grid. The current law contains stipulations regarding compensation that may not adequately account for the evolving landscape of energy generation and consumption. The President is advocating for a more robust framework that better represents the interests of those who actively contribute to the energy supply by generating electricity.
Additionally, the President has called for a reevaluation of the exceptions established for prosumers with installed capacities below 900 kW. This request stems from concerns that the existing regulations might inadvertently disadvantage smaller producers, limiting their ability to benefit from the market dynamics intended to encourage renewable energy. The expectation is that the legislative framework should effectively support all sizes of prosumers and incentivize the broader adoption of sustainable energy practices.
Furthermore, another critical issue highlighted by the President involves the obligations imposed on energy suppliers. The clarity and transparency of these obligations are essential not only for the prosumers but also for ensuring a fair and functioning energy market. Ambiguities in the law could lead to compliance issues and unfair practices, undermining the overall goal of establishing a balanced relationship among all stakeholders within the energy sector.
The proposed changes to the law were initially submitted for promulgation on November 25, 2023. These amendments are pivotal, as they include significant updates such as an increase in the limit of installed power for compensated prosumers and specific regulations governing their operations. However, the President contends that the alterations introduced by the Parliament do not adhere to the original reexamination request. Instead, they seem to introduce new legislative solutions that diverge from the intended objectives.
The delay in the Court’s analysis places an emphasis on the importance of a thorough legal and regulatory evaluation. The energy sector is evolving rapidly, particularly in light of increased investments in renewable energy sources. The need for well-structured regulations that not only protect the interests of individuals but also promote the growth of sustainable energy systems is paramount.
In summary, the decision by the Constitutional Court to postpone its review until 2026 indicates that significant work remains in refining the legislative framework surrounding electricity and natural gas. The ongoing discussions touch on essential aspects of energy production, compensation mechanisms, and the rights and responsibilities of prosumers. The outcome of this analysis will likely have far-reaching implications for the energy market and the broader goal of achieving a sustainable energy future in Romania.