Some experts say that we have overcome the energy crisis. Others are still not drawing a line behind this episode. In addition to massive market fluctuations and the redefinition of the basic premises on which the energy sector stands, we have also witnessed fundamental legislative changes. So far, the green transition and the transition of the economy to carbon neutrality have played a leading role. For the coming period, the European Commission has set competitiveness as key for the European economy. Attorney-at-law and renowned expert in the energy sector Barbora Balunová from L/R/P advokáti, s.r.o. answers several current questions from the world of energy and evaluates them from a legal point of view.

In addition to the massive price crisis, the last few years have been marked in the sector by a significant change in legislation and rules of the game. How did you perceive the massive legislative initiative within the framework of energy regulations?

From a legal point of view, I would describe the period of the past energy crisis as a legislative whirlwind. Both at the national and European levels. Even for long-time experts in this field, it was challenging to follow all the changes and new trends outlined by the European Commission in its legislative initiatives. At the national level, we were largely engaged in implementation, in which we were significantly behind in many determining areas. In the office, we felt a significant demand for up-to-date monitoring of approved changes as well as prepared legislative proposals.

I perceive the acceleration of the legislative process at the European level and the qualitative approach to implementation as a positive. Paradoxically, during the crisis, we implemented almost everything fundamentally at the national level, including the delayed requirements. At the same time, we have witnessed a significant reassessment of many of the impacts of European regulations and the adoption of completely new ones with significantly different content and ambitious intent.

Can you give an example of the new regulations you had in mind?

In my opinion, the green renovation of buildings is the most striking positive example. At the European level, an in-depth evaluation of the benefits and results achieved to date was carried out. Based on the data, the overall concept was reassessed and a new structure of indicators was prepared, the fulfillment of which is required by the new legislation.

The European Directive from 2010, significantly revised in 2018, was replaced by a new one. The new EPBD directive was adopted in April 2024 and entered into force in May 2024. At this point, I would like to emphasize that only high-quality legislation and a functional executive apparatus of the state can create a favorable environment for fundamental change in any area and further sustainable development.

In Slovakia, unfortunately, the legislation on green buildings is either insufficiently implemented or marked by gold plating. This could change significantly with the implementation of the new EPBD directive. This contains specific indicators that we must meet by 2027. Nevertheless, the professional community is still waiting for legislative proposals that will implement this important European standard.

Read the full interview with Barbora Balunová: Čaká nás zásadná revízia Green Deal?