Atomrecht im Spannungsfeld Zwischen Förderung und Kontrolle.
Traduction en anglais : The promotion and control functions of Atomic Energy law.
The question about the purpose of atomic energy law may sound superfluous in Germany, a country where a higly differential legal framework for the peaceful utilization of nuclear power has existed for nearly 40 years in the Basic Law, The Atomic Energy Act, and its ordinances, and a comprehensive body of case laws.
Yet, it is justified in view of the declarcd intention of the German federal government to establish an environmental code into which atomic energy law, hitherto an independent branch of the law, would be integrated, and it is justified also in view of persistent complaints that the present rules and regulations stifled investment activities.
A look into some codes of law may help answer the question.
Already in 1959, the authors of the Atomic Energy Act outlined the purposes of the legislation in relatively clear terms in Section 1. Besides the two foreign policy aspects of security and loyalty under treaties, which do not concern us in this connection, the key purposes of atomic energy law are stated there as there as promotion and protection.
The protection purpose, which implies the need to protect life, health, and property from the hazards of nuclear energy and harmful effects of ionizing radiation, ranks second in the Act.
In accordance with the ruling in 1972 of the Federal Administrative Court, however it should rank at the top.
Mots-clés Pascal : Energie nucléaire, Législation, Protection, Environnement, Exploitation, Maintenance, Centrale nucléaire, Allemagne, Europe, 1998
Mots-clés Pascal anglais : Nuclear energy, Legislation, Protection, Environment, Exploitation, Maintenance, Nuclear power plant, Germany, Europe, 1998
Notice produite par :
Inist-CNRS - Institut de l'Information Scientifique et Technique
Cote : 99-0150551
Code Inist : 001D06A01B. Création : 16/11/1999.