Federal supervisory directives in the nuclear licensing procedure Kalkar. Comments by Hantke

The Federal Constitutional Court deals in its decision with questions concerning the Federal supervisory directive in the Kalkar nuclear licensing procedure. Dr. Heike Hantke, Gelsenkirchen, examines this order critically, and explains the decision's significance, questions concerning the right of Federal authorities to issue directives as against supreme Laender athorities, and questions concerning judicial verifiability, the vulnerability and binding character of directives, the right of Laender on the faultless execution of Federal laws, the binding character of Federal directives, the admissibility of legal action against this binding character, the legal process and the question in how far the character of the directive given influences administrative proceedings. (BVerfG, judgment of 2nd Senate of 22.5.1990 - 2 BvG 1/88 -, DVBl. 1990, 763). (RST)