The right of a citizen to be a party to administration proceedings on subject matters relating to the Law on Protection of the Environment, especially with regard to the laws governing administrative proceedings

In this dissertation, the attempt is made to present a systematic survey of provisions explaining the legal basis of the right of a citizen to be a party to administrative proceedings on subject matters relating to the Law on Protection of the Environment. The new laws governing administrative proceeding (VwVfG) are discussed with a view to their effects on these specific cases, as there are important differences in the Atomic Energy Law, the Pollution Law, and other relevant laws relating to environmental pollution control, with regard to subject matters such as public notice, interpretation, pleas, and the procedure to be followed in trials. The most serious defect regarding the right of citizen to be a party to administrative proceedings is created by the subsidiarity of the VwVfG. Due to the subsidiarity clauses of section 1, subsection 1, last sentence, and subsection 2, last sentence, of the VwVfG, deviations in the rules of procedure for the various types of proceedings are to be stated which are simply against the principle of the VwVfG, namely to contribute to making the activities of the authorities understandable to the general public. (orig./HP)