Codetermination at plant level in nuclear installations

Starting out from the protective purposes of the Atomic Energy Act, the author emphasizes the competence of the executive to concretize existing legal norms. Given in the form of an administrative act creating a legally binding obligation, governmental action has the effect of a provision of law within the meaning of section 87 BetrVG and thus excludes the right of codetermination of the works council. If there remains a margin for arrangements between employer and employees, the employer is given the final competence to decide, irrespective of the works council's right to obtain and discuss information. Official participation of the works council in the nuclear licensing procedure, as laid down in the draft version of a bill on nuclear power phase-out, cannot be accepted as it is inconsistent with the existing law concerning employees' representation and codetermination, and as it blurs the limits of responsibility of the state and the operator. (RST)