Jump to ContentJump to Main Navigation
Regulating Energy and Natural Resources$
Users without a subscription are not able to see the full content.

Barry Barton, Alastair Lucas, Lila Barrera-Hernández, and Anita Rønne

Print publication date: 2006

Print ISBN-13: 9780199299874

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199299874.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 16 June 2019

Conventional Regulation Renascent but Changing Alternatives to Regulation: The German Experience

Conventional Regulation Renascent but Changing Alternatives to Regulation: The German Experience

(p.203) 11 Conventional Regulation Renascent but Changing Alternatives to Regulation: The German Experience
Regulating Energy and Natural Resources

Gunther Kühne

Oxford University Press

Over recent years, alternative modes of regulation have been increasingly accepted and practised in Germany, causing friction between traditional law-making procedures by constitutionally empowered state organs and modern forms of rule-making by bodies and entities not vested by the Constitution with such functions. This chapter discusses this situation. After a short presentation of the constitutional foundations of traditional state rule-making mechanisms, it analyzes the tendencies towards contractual and self-regulatory mechanisms during the last decades, with particular emphasis on the inroads alternative forms of regulation have made into state rule-making in the areas of environmental law and, in particular, environment-related energy law. It describes the German experience with alternatives to classical regulation during implementation of the first generation of European Union internal energy market directives (electricity and gas) of 1996 and 1998, respectively. This experience is preponderantly negative in the sense that the new Energy Act 2005, which implements the second generation directives of 2003, has reverted to traditional state regulation (re-regulation) of an unprecedented dimension. Particular problems are raised by alternative (non-state) self-regulatory market-related mechanisms with regard to competition (antitrust) law, which, in essence, forbids all kinds of concerted action among market participants because of their actual or potential anti-competitive effects. The chapter concludes with observations which reflect the mixed experience with alternatives to regulation in Germany.

Keywords:   Germany, classical regulation, Energy Act 2005, self-regulatory mechanisms, alternative regulation

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .