Key developments

This subtopic brings together a series of trackers and overviews of key legislative and policy packages to enable energy lawyers to keep up to date with, and plan for, legislative, strategic, and policy developments in the EU.

Trackers

The EU energy tracker 2025 displays key new and upcoming EU legislation and consultations of interest to energy lawyers from 1 January 2025. This tracker is divided into the following sections:

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Legislation—new in 2025
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Legislation—horizon scanning
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Consultations
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Key non-legislative materials

The EU energy cases tracker 2025 displays key judgments and opinions from the General Court of the EU and the Court of Justice of the EU handed down from 1 January 2025 which may be of interest to energy lawyers. The tracker is updated monthly.

The following trackers cover legislation enacted, consultations conducted, and cases decided in 2024. These trackers are no longer maintained:

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EU energy tracker 2024
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EU energy cases tracker 2024

The European Green Deal—tracker covers policy developments at the EU level under the European Green Deal, the European Commission’s roadmap for moving to a sustainable

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Latest EU Law News

Introduction of the Revised Code of Conduct+ and the Digital Services Act

EU Law analysis: The European Commission and the European Board for Digital Services have announced the integration of the revised voluntary Code of conduct on countering illegal hate speech online + (Code of Conduct+) into the framework of the Digital Services Act (DSA). Lisa Peets, partner, Martin Hansen, of counsel and Madelaine Harrington, associate of Covington & Burling LLP consider how Signatories implement the Code of Conduct+.

ESMA releases new Q&As on EMIR, ECSPR and MiFID II

The European Securities and Markets Authority (ESMA) has released new and updated questions and answers (Q&As), relating to the European Market Infrastructure Regulation (EMIR), European crowdfunding service providers for business (ECSPR) and the Markets in Financial Instruments Directive II (MiFID II). The impacted Q&As include: assessment of significance for Error and Omission Notifications and reporting of Settlement Rate Options (EMIR); calculation of thresholds in point (c) of Article 1(2) of ECSPR and crowdfunding multiple offers (ECSPR), and open interest thresholds in energy derivatives (MiFID II).

Commission publishes election toolkit for EU Digital Services Act

The European Commission has released an elections toolkit to guide national regulators, known as Digital Services Coordinators, on applying the EU Digital Services Act (DSA) Election Guidelines during electoral processes. The toolkit compiles best practices for managing risks on Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), addressing issues like hate speech and manipulation. It offers recommendations in stakeholder management, communication, incident response, and risk monitoring to safeguard EU electoral integrity.

Inside the EU’s headache to designate AI models ‘with systemic risk’

MLex: The EU AI Act places tight obligations on AI models deemed to entail a ‘systemic risk’. Still, recent developments such as the emergence of a new paradigm based on Reinforcement Learning techniques and advancements in compute efficiency are challenging the main designation method before the rules even take effect. The search for alternative designation criteria has already started, but EU officials will face a challenging time in trying to keep up with a technology moving at breakneck speed.