Ricerc@Sapienza

The European Electricity Balancing Guideline, entered into force on December 2017, aims at creating an integrated market, where European Transmission System Operators (TSOs) can exchange electricity balancing resources, maximizing the overall social welfare. A set of standardized balancing products has been defined and dedicated platforms for their exchange are under development in the framework of four main pan-European projects, including TERRE (Trans European Replacement Reserve Exchange).

The constitutional case-law of the last few years confirms the unbreakable bond
between interpretation and balance, and the impossibility, for the purposes of application, of
interpreting without balancing and balancing without interpreting. The paper criticizes both
those who advocate for an abstract distinction between the ‘legislative’ balance and the
‘judicial’ balance, and those who confine reasonableness to equality or equal treatment, or
social consensus, or praxis, or living law. The impossibility of separating a ‘law with rules’