Bedarfsplanung durch Gesetz

The study examines the issue of statutory requirement planning in the field of transport and energy network infrastructure. The author illustrates the legal conditions the lawmaker is subjected to in the planning process and analyses the legal effects which arise from the legislative requirement plan at all levels of the graded process of project planning. Central components of a "constitutional planning law" are also developed: Due to substantive constitutional requirements, the lawmaker has to provide a methodologically demanding determination of facts. The integration of transmission system operators into the legislative process of the federal supply planning of the energy networks (Bundesbedarfsplan) is a central aspect of the investigation. The author comes to the conclusion that the federal government is prejudged by the transmission network operators in the drafting of the bill in an unconstitutional manner.