Die Bedeutung gesetzlicher Moratorien für den Ausbau der Windkraft

This article analyses the conflict between the interest in the governance of wind energy use by planning, which i.a. in the past was accounted for with so called „wind energy moratoriums“, and the interest in a timely expansion of renewable energy sources. This examination's staring point are the principles concerning governance of wind energy use by planning. Subsequently, the wind energy moratoriums heretofore implemented by law are presented and their factual impact is shown. This includes an examination of the current legal reform regarding the use of wind energy on land. Thereafter follows an examination of other instruments available for securing a plan, which avail the same effect as wind energy moratoriums. The article closes with a constitutional assessment of wind energy moratoriums.

Autoren: Prof. Dr. Jochen Kerkmann, Dr. Jessica Schröter und Elisabeth Huber