- Volume 21 (2023), Issue 4
- Vol. 21 (2023), No. 4
- >
- Pages 365 - 377
- pp. 365 - 377
Beschleunigungsgebiete für erneuerbare Energien – Fragen des Rechtsschutzes
Die Änderungen der Erneuerbare-Energien-Richtlinie im Lichte der Aarhus-Konvention
The amendments to the Renewable Energy Directive also aim to accelerate permitting procedures. To this end, environmental assessments are shifted from the project level to the planning level in renewables acceleration areas. The Emergency Regulation of the Council of the EU of December 2022 has already partially anticipated this idea. The amending Directive does not envisage any explicit changes with regard to access to justice; in particular, the requirements of the Aarhus Convention (AC) shall be observed. However, by deleting the environmental impact assessment at the project level, the amending Directive indirectly blocks the application of Art. 9 para. 2 AC. This means that access to justice must only be granted in accordance with Art. 9 para. 3 AC. The amending Directive thus results in a restriction of access to justice for the public against projects in renewables acceleration areas, which is, however, still in line with the Aarhus Convention.