Litigation as an obstacle to renewable ...
Document type :
Article dans une revue scientifique: Article original
Permalink :
Title :
Litigation as an obstacle to renewable energy development in France—tilting at windmills?
Author(s) :
Dreyfus, Magali [Auteur]
Centre d'Études et de Recherches Administratives, Politiques et Sociales (CERAPS) - UMR 8026

Centre d'Études et de Recherches Administratives, Politiques et Sociales (CERAPS) - UMR 8026
Journal title :
German Journal of Comparative Politics / Zeitschrift für Vergleichende Politikwissenschaft
Abbreviated title :
Z Vgl Polit Wiss
Volume number :
18
Pages :
181-205
Publication date :
2024-04-25
ISSN :
1865-2654
English keyword(s) :
France
Lawsuits
Litigation
Opposition
Renewable energy
Wind power
Lawsuits
Litigation
Opposition
Renewable energy
Wind power
HAL domain(s) :
Sciences de l'Homme et Société/Science politique
English abstract : [en]
France is the only European Union Member State which did not meet its objective of 23% renewable energy in final consumption in 2020. Among the reasons cited by public authorities and developers is litigation, presented ...
Show more >France is the only European Union Member State which did not meet its objective of 23% renewable energy in final consumption in 2020. Among the reasons cited by public authorities and developers is litigation, presented as one of the main hurdles to renewable energy development. Indeed, authorizations for wind power projects are almost systematically contested in the courts. But developers also have the chance to defend their projects there. Yet there is a lack of statistics and the reality of this obstacle needs to be verified. On the basis of a study of the French Council of State’s decisions on wind power projects, this paper aims to provide an analysis of the current case law. It highlights who the litigants are and what their arguments are. In-depth comparison of decisions shows how judges assess specific contexts in light of national rules. Some profound tensions that run through the European climate-energy multilevel governance framework thus become apparent.Show less >
Show more >France is the only European Union Member State which did not meet its objective of 23% renewable energy in final consumption in 2020. Among the reasons cited by public authorities and developers is litigation, presented as one of the main hurdles to renewable energy development. Indeed, authorizations for wind power projects are almost systematically contested in the courts. But developers also have the chance to defend their projects there. Yet there is a lack of statistics and the reality of this obstacle needs to be verified. On the basis of a study of the French Council of State’s decisions on wind power projects, this paper aims to provide an analysis of the current case law. It highlights who the litigants are and what their arguments are. In-depth comparison of decisions shows how judges assess specific contexts in light of national rules. Some profound tensions that run through the European climate-energy multilevel governance framework thus become apparent.Show less >
Language :
Anglais
Français
Français
Peer reviewed article :
Oui
Audience :
Internationale
Popular science :
Non
Other project(s) or funding source(s) :
This article is based on a research project ‘Renewable Energy on Trial’ funded by the Institut des études et de la recherche sur le droit et la justice (IERDJ) (2022–2024).
Administrative institution(s) :
Université de Lille
CNRS
CNRS
Collections :
Submission date :
2024-12-15T17:05:26Z
2024-12-16T12:53:45Z
2024-12-16T14:35:45Z
2024-12-16T12:53:45Z
2024-12-16T14:35:45Z
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