The Federal Government's authority to give instructions in the licensing procedure under atomic energy law - conditions and legal protection

In the atomic energy law of the F.R.G., the supreme federal authority on principle has the unlimited right to give instructions. This authority, however, is restricted to the subject scope of the Atomic Energy Act and the relevant statutory ordinances, and is again limited by the principle of reasonableness, and the principle of mutual consideration of the interests of Land governments and those of the Federal Government. A dispute on the legality of instructions given by the Federal Minister of the Environment, Nature Conservation and Reactor Safety to a supreme Land authority (e.g. in case of a decision on a further partial license for the Kalkar FBR in accordance with section 7 Atomic Energy Act) within the framework of the execution of federal laws is to be regarded as a dispute under public law between the Federal Government and the Land on matters of constitutional law. (Exclusive) competence of the Federal Administrative Court is excluded, and likewise is a 'dual jurisdiction' of the Federal Constitutional Court and the Federal Administrative Court. (orig./HSCH)