Beschleunigung energierechtlicher Leitungsvorhaben durch Parallelführung von Planfeststellungs- und Enteignungsverfahren

In the course of the turnaround in energy policy, Sec. 45b was integrated into the German Energy Industry Act (EnWG), which allows the parallel initiation of plan approval and expropriation procedures. Therefore, the established sequential course of the two administrative proceedings has been modified. This thesis outlines the historical development and dogmatic pillars of the previous system relating to planning and expropriation. The functioning of the new Sec. 45b EnWG is examined, and questions of application are clarified; the issues relating to the right to take possession prematurely under Sec. 44b EnWG are also highlighted. The centerpiece is the controversial issue of the constitutionality of the new procedural instrument.
Finally, going back to recognised standards of administrative actions, the question of the expediency of the parallel initiation of proceedings is discussed. This comprehensive analysis is aimed at both legal practitioners and interested readers in legal academia