Results found: 2

Search results

Sort By:

Limit search:

How the construction of wind turbines can be legislatively controlled on the basis of public interest – on the constitutionality of the Citizens’ and Municipalities’ Participation Act in wind farms in Mecklenburg-Western Pomerania and on the concept of ‘overriding public interest’

100%

Roth M.

Studia Iuridica

2023

vol. 98

129-144

In order to implement the energy transition, the Federal Republic of Germany has been relying increasingly on wind energy for several years. Wind farms, both offshore and onshore, play an important role here. Nevertheless, wind energy in Germany suffers from a problem of acceptance. Local residents are afraid of visual and acoustic emissions, species protection concerns are raised, adverse effects on the landscape are claimed, and there are also fears of decrease in value of the properties. For this reason, the federal state of Mecklenburg-Western Pomerania has enacted a law that provides for mandatory participation of citizens and communities in the operating companies of wind turbines (the so-called ‘citizens’ wind farms’). With this law, the federal state shows in an excellent example how state’s influence on the economy and finances can look like in relation to public interests. But this is not the only way the legislator controls these public interest purposes. Recently, it has increasingly been using the ‘overriding public interest’ in legal texts to speed up the construction of wind power plants. These two juxtaposed instruments will be examined in more detail and their suitability will be analysed separately. Finally, the article presents an outlook with a recommendation for action to the federal legislature.

The Lawyer as Process and Project Manager for Infrastructure Projects

100%

Roth M.

Studia Prawa Publicznego

2025

issue 1 (49)

109-117

In the Federal Republic of Germany, lawyers can be employed as project managers to relieve the authorities of the burden of approval procedures for large infrastructure projects. This particularly applies to procedures for the expansion of federal highways, railway lines or trams, power lines or wind turbines. This article presents the relevant legal basis, classifies it in relation to the state, and highlights the opportunities and risks of employing a lawyer as a project manager: The lawyer has a secure and large mandate for a longer period of time and can rely on a secure fee due to the solvency of the state. For the project sponsor, the use of a project manager means that the procedure can be completed more quickly, and external expertise or know-how represents additional support for the authority, which in principle cannot be detrimental. The cooperation between project manager and authority can take place under civil law on the basis of a contract or under public law via a public-law contract, in accordance with the provisions of the Administrative Procedure Act. The article concludes with a conclusion and summarizes the main findings.

Refine search results

1 Studia Iuridica

1 Studia Prawa Publicznego

2 Roth M.

1 2025

1 2023

Search results

How the construction of wind turbines can be legislatively controlled on the basis of public interest – on the constitutionality of the Citizens’ and Municipalities’ Participation Act in wind farms in Mecklenburg-Western Pomerania and on the concept of ‘overriding public interest’

The Lawyer as Process and Project Manager for Infrastructure Projects