Renewable Energy Law in the EU
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Renewable Energy Law in the EU

Legal Perspectives on Bottom-up Approaches

Edited by Marjan Peeters and Thomas Schomerus

This timely book examines the role played by regional authorities in the EU in the transition towards renewable energy. Drawing on both academia and practice, the expert contributors explore some of the key legal questions that have emerged along the energy transition path. Specific attention is paid to support mechanisms, administrative procedures for authorizing renewable energy projects, and opportunities for allowing citizens, particularly citizens living near renewable energy projects, participate financially in renewable energy production.
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Chapter 7: Towards efficient administrative procedures for renewable energy projects? The Dutch experience with the Crisis and Recovery Act

Kars de Graaf and Albert Marseille


Research has shown that there is an inherent tension between the desire to achieve the goals set by states on the proportion of energy produced from renewable energy sources and the time-consuming administrative procedures for renewable energy projects deemed necessary to allow for legally sound decision-making by public authorities, and the judicial review of those decisions. It appears that in this respect, renewable energy projects suffer from the same problems faced by large infrastructure projects. First, they have been shown to have been insufficiently taken into account in spatial planning, and secondly, the large number of public authorities involved and the lack of coordination between them result in lead times for the acquisition of permits and approvals that are considered too long. The realization of renewable energy projects is an important factor in the necessary transition towards a sustainable society. A relevant distinction between other infrastructure projects and renewable energy projects is that in 2009 the European Union (EU) introduced mandatory targets for the share of renewable energy use in the EU Member States. These targets imply that there is an additional need to review the efficiency of existing administrative procedures and to introduce legislation that could streamline and expedite those procedures and speed up the realization of renewable energy projects, if necessary. This chapter aims to analyse the way the Dutch Crisis and Recovery Act of 2010 has influenced administrative decision-making and court proceedings concerned with renewable energy projects; more specifically, onshore wind farms.

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