DiKE Kooperative Steuerungsinstrumente im schweizerischen Stromversorgungsrecht

Due to the enormous economic importance of a functioning, reliable electricity supply as well as its special technical and economic characteristics, the legal framework surrounding it represents a regulatory challenge for the legislator. Against the backdrop of the far-reaching regulatory changes that the Swiss electricity industry has undergone in recent years, an in-depth examination of control instruments in electricity supply law is therefore called for. This St. Gallen dissertation takes an in-depth look at the fundamentals of legal control in the field of electricity supply and evaluates the control approach of the current Electricity Supply Act in light of its objectives. Taking into account the underlying legal, technical and economic rationalities of the Swiss electricity industry, various control deficits, namely the failure to achieve the goal of a competitive electricity market, are identified and subjected to a root cause analysis. Subsequently, the central question is addressed whether an increased use of cooperative control instruments could improve the effectiveness of the existing regulatory approach.