Discussion of the ruling on the Birr reserve power plant

The Swiss Central Journal for Constitutional and Administrative Law No. 8/2024 has published a discussion of the ruling on the emergency power plant in Birr AG. To what extent can the Federal Council interpret the National Supply Act (LGV) in individual cases such as Birr, but also in repeat cases? What would it mean for the Federal Council’s powers if it could override federal law, but also cantonal and municipal law? What would a reduction in the requirements for the existence of an energy shortage mean in the course of the reform of the LGV? Prof. Dr. Andreas Glaser’s discussion of the ruling critically examines these and other questions.

Judgment discussion (subject to payment)

Image: Canton of Aargau