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The swift implementation of projects, including the expansion of wind energy, depends significantly on the support of those affected. Professor Martin Kment takes this as the starting point for a scholarly publication that examines Section 6 of the 2023 Renewable Energy Sources Act (EEG 2023), which aims to promote acceptance through financial participation.

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The legal analysis of the topic is informed by the Federal Constitutional Court's decision on the Mecklenburg-Western Pomerania Citizen Participation Act (BüGembeteilG MV 2022). Based on this supreme court ruling, the analysis considers possible modifications and expansions of the existing Section 6 of the EEG 2023. First, it identifies reservations under fiscal constitutional law regarding a federal obligation for plant operators to make payments (even with the reservation of compensation). In contrast, corporate participation models that allow qualified municipalities to share in the economic success of renewable energies are presented as legally permissible, potential legislative projects for the federal government. At the state level, this also applies to the introduction of a levy on project developers, which can be designed with or without corresponding compensation in accordance with fiscal constitutional law. Finally, the study discusses federal opt-out clauses in favor of the states, which would allow for the introduction of binding payment obligations on the part of project developers.

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The monograph was pubished by? Verlag Duncker & Humblot.