Keywords

1 Introduction

We can affirm that justice is a concept that has always been the subject of reflection, that it has been present in the formation of law as a discipline of study, that it has been a source of inspiration for transformations, and that what is just and what is unjust is a weighting of a moral and ethical nature that is constantly carried out in different spheres. Aristotle said in his Magna Moralia: “what is just with respect to the other is, to put it briefly, what is equal, since what is unjust is what is unequal”.Footnote 1

We can affirm that energy is a basic object of all human activity, and it is required for the satisfaction of human needs, from the most basic and fundamental to the materials for the production of goods and services in society. A situation that put all of the above to the test was the COVID-19 pandemic, and the provision of electricity was an essential service at critical times that helped to maintain the workforce without physical presence, connectivity, and health care. It is not for nothing that the energy sector plays a leading role in global industrial and economic activity. The energy sector is of considerable importance for the economy in general, which is why its recognition in the European construction as a legal source, end and means, should not be discussedFootnote 2 and, from a legal point of view, the universality of the service, understood as access for all citizens, is an unavoidable requirement.

Thus, the sum of justice and energy is undoubtedly a combination of a higher level of importance that has an impact on the most relevant values and fundamentals of society and also has an impact and consequences for the industry in general; it converges the technical revolution, communication technologies, digital networks, service provision, etc.

2 Recognition of the Principle of Energy Justice Within Energy Law

Having defined the principle of energy justice as the guiding principle of energy law, it should now be noted that this principle, by its nature and implications, has a reciprocal relationship with the others—in particular with the principles of energy efficiency, circularity, “green first” and consumer participation.

However, before talking about the application of this principle, it is necessary to recognise the logical and inevitable consequence of having a legal science of law whose object of study and regulation is energy, from an economic, social, industrial and climatic point of view. We now face the imperative need for coherence and a sense of unity because this will undoubtedly generate a better legal system, a correct understanding of its sources and the consequent better regulation and adequate application.

In addition to the above, energy law faces an additional challenge and that is to order the urgent transition in the light of the fight against climate change with all its implications such as decarbonisation, sustainable mobility, among others, and the fulfilment of the Sustainable Development Goals. The transition requires cross-cutting principles that are valid and applicable to all energy sources, and therefore requires an effort to systematise the wide range, as atomising the different parts of energy law would lead to the irremediable loss of the vision of energy as a unitary fact.

This is how we identify a transformation that links energy law and energy justice, thus generating the triple concurrence between the following elements: energy and climate policy, regulation and principles of energy law. Energy policy is directly related to the measures, instruments and actions required for energy decarbonisation. The second element of regulation derived from legal titles and different regulatory techniques and tools and finally the third element that defines the orientation—the principles of energy law. Hence herein lies the importance of identifying energy justice as a principle with its constituent elements and its legal, technical and economic implications.

3 Conclusion—Transformations in Energy Law to Optimise the Principle of Energy Justice

Specifically, the application of the principle of energy justice in the field of energy lawFootnote 3 has been reviewed from the perspective of the unequal distribution of the burdens and benefits associated with the supply and consumption of energy services.Footnote 4 The distribution of burdens can be unequal from two perspectives; from the demand side where there is an inability to reach a social level of household electricity serviceFootnote 5 and also from the energy supply chains, when there is an unequal distribution of human and environmental costs resulting from the activities that are part of the energy sector; from exploitation as a natural resource to the final provision as a public service, or of general economic interest, there is even talk of energy sacrifice zones, understood as areas that bear a disproportionate social and environmental burden so that the entire population can access energy.Footnote 6

One of the transformations identified in the development of this principle is the configuration of sustainable or “green” financial instruments that respond to the urgency of defining and regulating finance in the framework of a low-carbon economy, and it is here where the importance of environmental, social and governance (ESG) criteria, as well as green bonds and climate bonds, can be identified.

Therefore, one aspect that the principle of energy justice requires energy law to take into account is the review of the entire supply chain; the impacts and projections, from the extraction or use of raw materials, to the development of infrastructure, transformation and the provision of public services. The energy sector has both an environmental compliance role and a proactive role in combating climate change, fighting poverty, inequality and protecting health, all of which are major challenges in today’s world.

Clearly, there can be no sustainable energy transition, no effective fight against climate change and even less compliance with the Sustainable Development Goals, if any of the links in the energy supply chain violate human rights or harm the environment. One issue that cannot be lost sight of is that every industrial or economic activity has impacts on society and the environment, and this is not exclusive to the energy sector; however, by the very nature of energy activities, it is true that there is an increased risk or a greater responsibility for the impacts on the economic and social life of communities, use of natural resources, landscape affectation, among others.

Good resource management by companies contributes to good governance of public revenues, and business ethics and good corporate governance programmes contribute to the incorporation of best practices. All of the above brings economic improvement where it is developed and an empowerment of users and communities. Thus, the sector becomes not only a respectful actor but a strategic ally, in recognition of a social and environmental dimension in which “injustice” must be addressed throughout the energy law cycle.