Being affected by large-scale projects - considerations on the protection of rights in Atomic Energy Law

This is the final part of an article published in Bay. (VBL 1982, 257). The author comes to the following conclusions: Proposals for reducing the protection of rights frames against a certain background of interests and partly taken over in practice by administrative courts meet with a variety of dogmatic and political considerations relating to these rights. This does not only hold for the attempt to restrict the rights of all those under public and substantive law who are affected by construction and operation, but also for making it harder for the complainants to pursue their rights, and especially for efforts intended to further limit the fact-finding of courts in case of large-scale projects. The judicature is called to review the individual licences issued for large-scale projects, especially because of the inherent symptomatic collisions of basic rights. The judge has a confidence-building advantage; i.e. his independence, which is gaining in importance in the struggle between hardened fronts and economic interests. (orig./HSCH)