Tasks

The Opinions of the Advisory Committee are an integral part of the dispute settlement procedure. Before the Ministerial Council may determine the existence of a breach by a Party of its obligations under the Energy Community Treaty, the current Presidency and Vice-Presidency are required to ask the Advisory Committee for its Opinion on the case at hand. Upon invitation by the Presidency, the chairperson may appear at the relevant meeting of the Ministerial Council to explain the Opinion delivered by the Advisory Committee.

Composition

Members of the Advisory Committee are appointed by the Ministerial Council based on a proposal of the Secretariat. They are to be chosen from persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in the respective Party.

Since 2016, the Advisory Committee consists of five members. The Committee elects its chair for a two-year term. The current chairperson of the Advisory Committee is Prof. Dr. Rajko Pirnat (2025 - 2026). 

2025 - 2028 Members

To ensure compliance with Article 32(2) of the Dispute Settlement Rules and in light of the confirmation from current members expressing their willingness to continue in their roles, the Secretariat made a proposal on appointments and reappointments to the Advisory Committee. Based on this proposal, the 22nd Ministerial Council appointed on 12 December 2024

• Mag. Alexandra Schwaiger-Faber, LL.M;
• Prof. Dr. Alina-Maria Lengauer, LL.M.; 
• Ms Olena Kuchynska, LL.M.

as members of the Advisory Committee until 31 December 2028 and extended the term of

• Prof. Dr. Verica Trstenjak; 
• Prof. Dr. Rajko Pirnat  

for the same period, under Article 32 of the amended Dispute Settlement Rules.

Declarations of independence

Upon appointment, each member and alternate shall declare their commitment to act independently, impartially, and in line with Energy Community law, without influence from any external party. They also pledge to keep the Advisory Committee's discussions confidential, both during and after their term.
 

Opinions

This table displays those dispute settlement cases where the Advisory Committee has sofar given its opinion.