THE LEGAL CONCEPT OF ‘(OVERRIDING) PUBLIC INTEREST’ AS AN INDICATOR FOR CHANGING PREMISES IN GERMAN ENERGY LAW WITH REFERENCES TO THE EUROPEAN LEVEL FOCUSING ON RECENT DEVELOPMENTS
THE LEGAL CONCEPT OF ‘(OVERRIDING) PUBLIC INTEREST’ AS AN INDICATOR FOR CHANGING PREMISES IN GERMAN ENERGY LAW WITH REFERENCES TO THE EUROPEAN LEVEL FOCUSING ON RECENT DEVELOPMENTS

Summary/Abstract: The aim of this article is to highlight the close correlation between the government’s regulatory ambitions and the use of the value-based term ‘public interest’ in the field of energy law, which is particularly shaped by political considerations. Special emphasis will be placed on the recent reforms in Germany and at the European level in the field of renewable energy (RE) in the electricity sector. These reforms, driven by the significant geopolitical changes since February 2022, aim to accelerate the deployment of renewable energy sources (RES), in particular, the construction and operation of energy plants using renewable energy sources and the related grid infrastructure. To achieve this goal, (selected) RES projects are recognised (presumably) as being of public interest and by these means given priority.

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