Right to Energy

This study makes an attempt to provide details in the area of source, reconstruction and determination of the legal nature of the subjective right to energy (power resources), which is one of the most significant achievement of civilization that is a pre-condition for the execution of treaty liberties and constitutional rights, as well as freedoms of individuals. The right to energy has treaty, constitutional and statutory dimensions. In the latter, it is materialized in the form of a demand to develop relationship of obligation wherein their central provision subject is the supply of energy to a recipient in order to satisfy household or commercial needs. The treaty and constitutional sources of the right to energy are correlated, in their assumptions, with the public law obligation of a state to provide it. The enforcement of the right to energy is provided for by its interrelation with the public interest being a basis for acceptable intervention in the freedom-related zone of entrepreneurs who supply energy. The suitability of standardizing separation of the right to energy, determining its definition, and finding a legal nature of the subjective right separated in this way, i.e., the arguments supporting its recognition as public subjective right also account for a subject of the undertaken analysis.

Full version available at: “Państwo i Prawo” [State and Law], 2017, no. 11, p. 70-84

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