Life extension of German nuclear power plants only with the consent of the Federal Council? The importance and extent of the need for consent to an amendment to the German Atomic Energy Act

In its coalition agreement of October 26, 2009, the new German federal government plans ''to extend the service life of German nuclear power plants while, at the same time, complying with the strict German and international safety standards.'' This has triggered a debate not only about (nuclear) energy, as in the past election campaign in the summer of 2009, but also about the constitutional law issue whether an amendment to the Atomic Energy Act resulting in longer operating life of nuclear power plants required the consent of the Federal Council (the ''Bundesrat,'' the second chamber of parliament). After the election to the state parliament in North Rhine-Westphalia on May 9, 2010, majority in the Federal Council changed. As a consequence, no consent to an amendment to the Atomic Energy Act must be expected. In view of the large number of recent statements about constitutional law in opinions for various federal and ministerial accounts as well as firms and associations, the outline by R. Scholz in the May issue of atw 2010 will be followed in this issue by the key points of examination of the need for consent, under aspects of constitutional law, and an attempt will be made to explain the evaluations underlying the generation of a legal concept about these items. The decision by the German Federal Constitutional Court of May 4, 2010, published on June 11, 2010, plays a major role in this respect because it established clarity in some important aspects of a legal subject matter in the field of state admini-stration on behalf of the federation, albeit in the field of air traffic law, not nuclear law. However, the structures of the norms in the German Basic Law (Art. 87c and Art. 87d, para.2) to be applied are almost identical. The energy policy and energy economy aspects of a plant life extension are considered along with the option of an appeal to the Federal Constitutional Court against any plant life extension. Finally, the key findings are summarized briefly. (orig.)