Function and set up of public participation in the nuclear licensing procedure

The author thinks that the participation of the population in the licensing practice until now has been inadequate. The events in Brokdorf are a result of this insufficient participation of citizens. Not very convincing either is the present attitude of the judiciary with regard to the function of citizen participitation in licensing procedures, which, together with the support of the authorities in gaining knowledge and information, only presents a partial aspect. In addition, there is the participation of the public in planning activities, and the right of those concerned to be heard in good time. From the constitutional state principles of Basic Law a right on information and on participation in the procedure at an early stage can be derived, but not a right on making the decision. From this the author draws the claim, to let the population participate already in land planning, a procedure in which the actual decision as to the site is already taken, otherwise the citizen would get the feeling, de facto to be left without any influence, something which has been the cause of many escalades lately. The author makes it clearly understood that his interpretation would mean a drastic change in the land planning procedure, as public inspection, the filing of suits, and hearings would already take place at that stage, and there would have to be legal means against the decision of the land planning procedure. (HP)