Abstract

ABECASIS, Duarte  and  FREITAS, Lourenço Vilhena de. The unconstitutional and illegal application of regulation n. 243/2013, of august the 2nd to the power plants in special regime subject to guaranteed remuneration regime prior to decree-law n. 215-b/2012, of october the 8th. e-Pública [online]. 2014, vol.1, n.1, pp.337-348. ISSN 2183-184X.

In the present article one will analyze the regimes applicable to the production of electricity in special regime and the transitory regimes set forth in respect to the changes that must be introduced due to eu law. In particular, one will analyze the changes introduced in feed in tariff by decree-law 215-b/2012 and the development of the new regimes by regulation n. 243/2023, of august the 2^nd. Regarding that aspect one will analyze the creation of a mandatory discount to the tariff in case of modification of the licenses issued under a regime prior to the new one and its lack of habilitation and the violation of the legitimate expectations protected both in constitutional and European union law.

Keywords : Regulation 243/2013; power plants; feed-in tariffs; delegated legislation; legitimate expectations.

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