- Volume 13 (2015), Issue 2
- Vol. 13 (2015), No. 2
- >
- Pages 148 - 160
- pp. 148 - 160
Das Verfahren der Netzplanung als Vorbild für andere Infrastrukturplanungen?
For the admission of high-voltage lines that cross the borders of federal states or to other Member States of the European Union, the Energy Industry Act (EnWG) and the Energy Line Extension Acceleration Act (NABEG) contain special rules. These regimes allow for accelerated legally secure approval of these constructions so that the power lines necessary for the implementation of the energy transition can be completed in time. In addition to a legal needs test and the introduction of public participation at all stages of the plan approval upstream process, the Federal Trade Planning as a new instrument was introduced. It replaces the Zoning and line determination process and determines with binding effect for the subsequent planning approval process a route corridor for the high-voltage line. The legal protection is focused on the authorization decision. Subject of the following paper is the question of whether these changes in the approval process for high voltage lines in the Energy Industry Act and the NABEG can be transferred to other authorization procedures for infrastructure projects. The paper concludes that many elements are not new legislation. This applies in particular to the legal needs assessment and public participation. The process of public participation is, however, modified by the introduction of a resolution conference, to be carried out in the scoping process and early public participation, notwithstanding § 25 para. 3 VwVfG pretend mandatory. This procedure should be adopted in other approval procedures for infrastructure projects. This also applies to the Federal sectoral planning which contributes to accelerated procedure and a shift of complex scanning operations with relieving effects for the subsequent planning approval.On the other hand, a concentration of legal protection on the final approval decision is not recommended.