Federal Constitutional Court decision of January 26, 1988 - 1 BvR 1561/82: Construction permit, preliminary decision of a specialized court, proviso of legality, information to the public, protective obligations of the legislator, subsidiary principle, constitutional complaint, provisional legal protection, interim storage

The legislators obligation to protect the legal objects defined in Article 2, (2), 1 of the Constitution does not mean that private external interim storage facilities may be built only by an explicit permit by the legislator. The principle of the reservation of the law bunds the legislator to make all essential decisions in the area of exercising the constitutional rights. The licensing of interim storage of spent fuel elements by the legislator, however, follows from the fact that interim storage is a necessary consequence of the operation of nuclear power plants which is permitted by the legislator. (orig.)