ABSTRACT
The crucial issue in analysing competences of the European Union (EU) regarding the external energy policy is the marking of the division of the competences between the EU and the Member States (MS). The first European Treaty, establishing the European Coal and Steel Community (ECSC) in 1952 was primarily concerned with the distribution of domestic energy resources amongst its original six MS. Solidarity within the EU context thus represents S. Stjerno's view that solidarity is 'readiness for collective action and a will to institutionalise it through the establishment of rights and citizenship'. In addition, jurisprudence of the Court of Justice of the European Union (CJEU) indicates that the principle of solidarity must inform MS' action and implementation of secondary legislation. Furthermore, the EU has the power to enter into international agreements in policy areas for which it has competence and may add to the agreement without the need for an additional legal basis.
