Discrecionalidad y Tarifa eléctrica. Los retos jurídicos del déficit tarifario.

Authors

  • ANDRÉS BETANCOR RODRÍGUEZ

Keywords:

Electricity, energy, price, deficit, illegal.

Abstract

The Spanish Government has the power to decide electricity prices. This price needs to be «economically sufficient». A legal problem arises, however, when the price the government fixes, due eiher to technical or political reasons, is economically insufficient. If it is for political reason, then the price is illegal. Nevertheless, past experience shows that it is very difficult for a court to accept the the deficit is political. But the latest ministerial Orders that decide the price recognise that its price is “insuficient”. In my opinion, this is the definitive proof the the law has not been upheld. This illegal situation has two sides: on the one hand, it involves a misuse of power and, on the other hand, it imposes an obligatory loan upon the utility companies without following the constitutional requisites. This article therefore discusses the legal problems around the electricity price deficit, as its title indicates.

Published

2008-12-30