Informelle Administrativnormen im Unionsrecht

The use of legally non-binding standards is neither a novelty nor rare in EU law. Nevertheless, many legal questions relating to these instruments have still not been conclusively clarified. This paper takes a close look at their use in energy and state aid law, focusing in particular on the possibility of categorising them. It also examines their legal and factual effects, the constitutional limits to their use and existing legal protection options. This shows that supposed certainties about "soft law" need to be scrutinised and that the problems it poses should be addressed primarily at the level of transparency requirements.