The paper analyzes the energy law within Austrian legal system, with specific reference to renewable energy sources. After a brief retrospective on the evolution of the subject matter, the essay contextualizes the case of Austria under the policies and European sources on renewable energy, specifying the characteristics of the Austrian choices made in this regard. The analysis then develops according to two different perspectives. The first one deals with the system of sources of law, particularly complex not only because of the peculiar object of investigation, but also because of the division of competences and powers between the Bund and the Länder, as reconstructed through the constitutional jurisprudence. The second level of analysis concerns the administrative implementation of norms and focuses on the analysis of processes and administrative measures provided for by federal and regional legislation in this field, in general and for each energy sector. In the light of the framework outlined, the author finally performs some final considerations and a comparison between the Italian and the Austrian experience, assuming that the success of the energy policies is not necessarily affected by the complexity of the subject and / or of the legal system concerned, depending rather on the perception of the axiological value of the investment on renewable sources, as the Austrian case demonstrates.
Sistema delle fonti e politiche pubbliche in materia di energie rinnovabili: l'esperienza austriaca
D'ORLANDO, Elena
2013-01-01
Abstract
The paper analyzes the energy law within Austrian legal system, with specific reference to renewable energy sources. After a brief retrospective on the evolution of the subject matter, the essay contextualizes the case of Austria under the policies and European sources on renewable energy, specifying the characteristics of the Austrian choices made in this regard. The analysis then develops according to two different perspectives. The first one deals with the system of sources of law, particularly complex not only because of the peculiar object of investigation, but also because of the division of competences and powers between the Bund and the Länder, as reconstructed through the constitutional jurisprudence. The second level of analysis concerns the administrative implementation of norms and focuses on the analysis of processes and administrative measures provided for by federal and regional legislation in this field, in general and for each energy sector. In the light of the framework outlined, the author finally performs some final considerations and a comparison between the Italian and the Austrian experience, assuming that the success of the energy policies is not necessarily affected by the complexity of the subject and / or of the legal system concerned, depending rather on the perception of the axiological value of the investment on renewable sources, as the Austrian case demonstrates.File | Dimensione | Formato | |
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