Judicial control power and technico-scientific expert opinion in the atomic energy lawsuit

Czajka, judge in the atomic energy law senate of a Higher Administrative Court, underlines the judicial control function and independence. In lawsuits on nuclear power plant issues many technical questions cannot be adequately judged by lawyers as laymen so that they must use the help of experts. If possible, Czajka wants to hear in a discussion in court experts of different opinions. The appreciation of controversial expert opinions requires of the judge a judging decision which in the end cannot be logically stated. Though this subjective element of the evaluation of evidence is inevitable, Czajka defends himself by referring to the legal protection mandate of the courts against attempts of both sides to limit the judicial inquiry into facts by legal-dogmatic considerations. (orig./HSCH)