Vindkraft - En analys av den kommunala vetorätten

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Climate change is probably our times biggest challenge. A global problem that demands regional solutions tends to be a difficult problem. For Sweden’s part, in the year of 2009, a change of the law regulating the construction of windmills aimed to simplify the process of applying for the necessary permits by making the legal process faster and removing the parallel assessment of environmental impacts in PBL and MB. The changes of the laws were being made to meet certain national and international political goals regarding climate change. The changes of the laws also meant that the municipality would lose its formal influence in the permit application process and therefore a rule was implemented which later came to be called the municipality’s veto right. This rule means that the municipality has the power to deny any application to construct a windmill without presenting any justifications. After 10 years of having this veto right it is now possible to assess the problems and shortcomings of the rule. It’s about time we question what values the rule itself protects and which values it sets aside.

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