On the legal relevance of scientific-technical regulations in the licensing of technical installations

While the practice of, and the literature on the law relating to technical safety regard general legal terms as terms to be delegated to those applying law for concretizing findings, the author is of the opinion that the reference made by the technical safety law to technical standards are to be understood in the sense of a (controlled) adoption by those applying law. Each and every regulatory function has not been delegated to those applying standards, on the contrary, they have the task to find out the opinion held by the majority of competent experts, and to adopt it in a controlled manner. Fundamental changes of law are not necessary. A controlled adoption as regards reference to technical standards could be generally prescribed by law. Details as regards the way in which the opinion of majorities are to be found out, as regards the engineering rules which qualify for adoption and as regards the standards of correctness control have to be drawn up first, and that by both sides, by engineers as well as by jurists, since it is a matter of interlocking legal standards and technical standards. (orig./HSCH)