Series_Volume7

Volume 7
Electricity feed-in and constitutional law

Behrends

Law Seminar of the University of Oldenburg In spring 2000, the Electricity Feed-in Act was replaced by the Renewable Energies Act. Compared to its predecessor, the new law aims to promote the generation of electricity from renewable energies in a more targeted manner. Shortly after the Act was passed, a nuclear phase-out agreement was concluded between the German government and the energy industry in June 2000. Signed just under a year later, it then served as a template for a nuclear phase-out law, which was subsequently included in the parliamentary legislative process. Against this backdrop, the Renewable Energy Sources Act takes on increased legal and energy policy significance. The aim is now to expand this type of electricity generation from renewable energies as a replacement for the nuclear power plants that are being phased out. High expectations are therefore placed on the Act, which is dependent on accompanying support measures such as investment and tax relief for the operation of such plants.
This study focuses on whether the law fulfils the constitutional requirements. The problem is analysed with regard to the renewable energies used to generate electricity, with special consideration given to the situation of wind energy.

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