IXth ELSA Law Review: Green Justice: Austrian and European Insights

Climate change is undoubtedly one of the greatest challenges of our time. The concept of green justice, which aims to reconcile environmental protection and social justice, is becoming increasingly significant. But what role does the law play in the fight against climate change? This and many other topics are dealt with in detail in the IXth edition of the ELSA Austria Law Review with the participation of Haslinger / Nagele, focusing on the topic “Green Justice: Austrian and European Insights.”

Kaleb Kitzmüller as part of the Academic Board

We would particularly like to highlight Kaleb Kitzmüller’s involvement in the IXth edition of the Law Review as a member of the Academic Board. We extend our thanks to Fabio König-Bachmann, Editor-in-Chief, and Hannes Frei, Co-Editor-in-Chief, as well as Lena Hornkohl, Georg Huber, Matthias C. Kettemann, Stefan Perner, Sebastian Schmid, Gregor Schusterschitz, Peter Strasser, Roland Winkler, Paul Reichel and Leonard Johannes Reider for their successful and excellent collaboration.

Green electricity made at home – when sustainability leads to a neighbor dispute

An article by Lisa-Martina Köberl.

Balcony power plants, mini wind turbines for the garden or classic photovoltaic systems on the roof. Home-made electricity production is booming like never before. However, if photovoltaic or small wind turbines cause disruption due to light reflections or shadows cast, this can quickly lead to disputes with neighbors.

Neighbor law, in particular section 364 para. 2 ABGB, plays a decisive role here. It protects against unacceptable emissions emanating from neighboring properties. This includes not only traditional emissions such as noise and odors, but also light emissions from solar and wind power plants. However, this is offset by a strong public interest in the expansion of renewable energy in order to meet the climate targets set and thus curb climate change.

Overall, it is clear that the tension between the interest in environmentally friendly energy generation and the protection of property poses a legal challenge. It remains to be seen which path the legislator and the courts will take in order to resolve neighbor conflicts on the one hand and to promote the energy transition on the other.

The full article by Lisa-Martina Köberl can be read here.

 

23. July 2024

 

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