Innovationsfördernde dynamische Regulierung
Efforts to raise energy efficiency constitute an important element of climate protection law and the turnaround in energy policy. As the improvement of energy efficiency calls for ongoing technical progress, Andrea Diehl analyses the possibilities and boundaries that regulatory law creates for the invention, innovation, and diffusion of technologies that shall enhance energy efficiency. She examines a variety of different approaches (e.g., Top Runner programmes or Technology Forcing) with regard to their effects on innovation. This is done for the technical standards of the Industrial Emissions Directive, the Ecodesign and the Labelling Directive, the regimes of public procurement, and of white certificates. The study puts into perspective common prejudices about regulatory measures and draws attention to the impact of law on innovation. It points out both opportunities for environmental policy as well as limits set by constitutional law.