جایگاه و صلاحیت شورای عالی انرژی در نظام حقوقی ایران با تأکید بر شناسایی چالش‌های حقوقی و ساختاری و ارائه راهکارهای اصلاح نهادی

This study examines the structural and legal challenges that have prevented the Supreme Energy Council from effectively performing its role as the highest policymaking authority in the strategic energy sector. Established pursuant to the Third Development Plan Act as an alternative to creating a Ministry of Energy, the council was legally mandated to unify energy policymaking. However, in practice, it has failed to fulfill its objectives. This failure has led to fragmented decision-making, parallel policymaking centers, inefficient resource allocation, a growing imbalance between energy supply and demand, and declining efficiency in energy governance, ultimately threatening national energy security.Accordingly, the study addresses the following research question: What fundamental legal and structural obstacles have undermined the effectiveness of the Supreme Energy Council, and what solutions can overcome them? Using a descriptive-analytical approach, the research draws on an analysis of legislation, official documents, reports by the Majlis Research Center, and scholarly literature on energy governance. The paper begins with a historical review of the formation of the national energy policymaking framework. It then evaluates the council’s performance across six key dimensions, focusing on legal overlaps and conflicts. These include the absence of an independent secretariat, parallel institutions with overlapping mandates, conflicts of interest among members, irregular meetings, the dominance of a state-managerial approach over sovereign policymaking functions, and the lack of an independent energy regulator. The main contribution of this study is its argument that the council’s ineffectiveness reflects not merely executive weakness, but a deeper condition of “institutional paralysis.” This paralysis arises from conflicting laws and structural conflicts rooted in sectoral interests. The findings highlight the need for legal reform and the establishment of an independent regulatory body to separate governance from operational functions, enable private sector participation, and promote competition in the energy market.