Krisenresilienz der Energieversorgung

Abstract

A reliable supply of energy is generally regarded as normal in Germany today. A restriction in the security of energy supply, such as that caused by the Russian war in Ukraine, can therefore be described as an exceptional situation that deviates negatively from the normal situation and thus as a crisis. The boundary between a normal situation and a crisis can, of course, be subjectively perceived differently and the transitions can be fluid. The energy law, however, makes a clear distinction between the normal and a crisis, and the distinction is based on objective criteria. While there is no standardised legal concept of an energy supply crisis in energy law, various legal regulations contain different definitions. What these regulations have in common is that they apply in cases of negative deviations from the normal and that they are only intended to have a temporary effect during the respective crisis and until the desired return to the normal. The description of the “normality–crisis” duality in energy law forms the core of this article. Overall, it shows, without claiming to be exhaustive, that and how the German legislator intends to achieve crisis resilience (understood as the capacity to go through crises and return to normality without permanent dama‍ge) with regard to energy supply.