Fewer prohibitions, more deliberation: renewables

The principle of public interest prevailing in renewable energies, enshrined in the European Regulation and reinforced by the RED III Directive, is now reaching the critical phase of its transposition into national legal systems. In Portugal and Spain, where the expansion of solar and wind energy is increasingly intense and conflicts with environmental, heritage or social values ​​are inevitable, it is important to reflect on how to apply this criterion in a balanced way. The debate is not theoretical: the speed of the energy transition, the legal security of projects and citizens' trust in institutions will depend on it.

The recent example from Germany demonstrates that recognizing the public interest nature of renewable energies facilitates decision-making and reduces conflict, promoting fewer rigid laws where absolute prohibitions give way to pro-renewable standards, prioritizing national targets. Overriding public interest (OPI) strengthens the security of licensing authorities, reducing institutional and personal risks and offering legal and political support for proportionate decisions. Finally, the experience, illustrated by the Greifswald case, reinforces the need for a culture of clear decision-making, where interests are weighed transparently, deadlines are reasonable, and renewables receive priority, avoiding indefinite procrastination.

But there is a crucial warning: German law places the OPI second only to national defense. And at a time when a widespread armed conflict within the European Union seems imminent, the scope of the OPI suggests caution in its transposition: a "universal veto right" for defense should not be created without coordination mechanisms and compensatory solutions that reconcile security and transition.

Implications for Portugal and Spain

With RED III enshrining OPI in national law, it is important to transpose it with operational precision. Three lines of action stand out:

Clear definition of weighting. Public guidance on how to assess proportionality, mitigation, and trade-offs when renewables collide with habitats, birds, or water—no shortcuts, but a clear starting point in favor of the energy transition to renewables.

Clarification of competencies. In intersectoral conflicts (energy vs. environment), the licensing authority must maintain decision-making leadership, listening to sectoral opinions without becoming a hostage to them — a direct lesson from Greifswald.

Metrics and accountability. Publish average decision time, rate of decisions validated in court, and impact on delays/ curtailment due to administrative bottlenecks — creating a cycle of continuous improvement and public trust.

For Portugal and Spain, where wind and solar expansion is accelerating and occasional conflicts with natural, environmental, and heritage values ​​are inevitable, the Open Market Plan (OPI) can be a path to legal certainty—provided it is surgical: neither automatic licensing nor paralysis due to analysis. Generic prohibitions will tend to fall; granular decisions, with published criteria and demanding environmental checks , will tend to prevail.

The “prevailing public interest” in renewables does not undermine the environmental rule of law; it offers a priority criterion tailored to the climate emergency and energy security. German courts are beginning to consolidate this message: fewer a priori prohibitions, more case-by-case assessment with justified adjustments, and firmer, objectively defensible administrative decisions. When transposing RED III, European countries should emulate the courage to decide and the discipline not to inflate the concept, keeping the OPI for what it is: a legal lever to accelerate the energy transition without abandoning essential safeguards.