Contents and range of judicial control in safety engineering law

The decree of the OVG Lueneburg by which the recommissioning of the Brunsbuettel nuclear power plant had been interrupted for a time because of a possible error in the proceedings was discussed in detail by the daily press. This discussion uses terms which might be able to render a false impression of the task of the administrative jurisdiction: whoever is talking of 'judicial control' and 'control density' should always be aware of the fact that administrative courts have no 'controlling jurisdiction' over administrative authorities in the sense of a supervisory board. It is not their task to 'control' administrative decisions but to grant legal protection to the individual citizen against illicit official interferences with his rights and legally protected interests. One should rather talk of a 'function granting legal protection' of the courts instead of a 'control function' (Art. 19, Abs. 4 GG). (orig./HP)