Current Legal Issues in the Building Sector: Implementation of EU Secondary Law on Energy Efficiency and Renewable Heating and Cooling [ARGUS Wärme]
Since the most recent recasts of the Energy Performance of Buildings Directive and the Energy Efficiency Directive and the amendment of the Renewable Energy Directive, EU law provides not only clearer regulatory requirements but also set more ambitious targets, which require rapid further development of the German legal framework for the heat transition in the building sector. This raises questions that will be explored in this project. On the one hand, it is a matter of identifying which implementation deficits with regard to the mentioned directives still need to be remedied. On the other hand, the scope for action available to the Member States will be examined.
Term: February 1, 2025 to December 31, 2026
Project management
Oliver Antoni (Projektleitung)
Tel: +49-931-79 40 77-0
E-Mail
Dr. Matthias Leymann
Tel: +49-931-79 40 77-0
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Dr. Maximilian Wimmer
Tel: +49-931-79 40 77-10
E-Mail
In order to answer these questions, it is necessary to analyse the objectives and requirements of EU but also, as a first step, to undertake a preparatory assessment of the set of regulatory instruments so far applied in the German law for the building sector. On this basis, it should be identified which regulatory requirements of EU law still need to be transposed into national law and what implementation and what implementation options remain within the limits of what is legally permissible. At the same time, issues of energy poverty and social justice must also be addressed more intensively in accordance with the EU requirements and duly taken into account in the legislative process.
In addition to the Building Energy Act, attention should also be given to regulatory instruments provided outside this act, including EU Emissions Trading System 2 and the modernisation rent surcharge. Otherwise, there is a risk that the regulatory framework pursued so far through this combination of instruments will be overlooked and that the assessment in light of the objectives and requirements of EU law will become misaligned.