[en] The article deals with the consistency in the definition of the term 'nuclear installation' of the Atomic Energy Act, and with the criteria given in the court ruling on the Wyhl case, and in a decision by the Federal Administrative Court of July 4, 1988, concerning the Wackersdorf reprocessing plant. According to these decisions, the original installation includes all plant components which take part in the working process defined in section 7, sub-sec. (1) Atomic Energy Act, as well as the plant components for head- and or back-end processes serving the purposes of the specific and hazardons nuclear operations. Within the purview of section 7 Atomic Energy Act, auxiliary plant systems are included in the term if there is a structural or operational connection between them and the core of installation, or if they serve safety purposes. This includes protection against third parties. The article further discusses the court decisions with regard to statements on the possibilities of applicants to define the licence contents, and on the definition of the term 'reprocessing plant'. (orig./RST)

[en] When the Niederaichbach Power Reactor (KKN) was dismantled, this demonstrated conclusively that a decommissioned nuclear facility can be safely dismantled without a posing hazards to man or the environment. In the present paper posing, legal framework conditions and the course of work are first reported. The final project phase - release of the facility from the scope of application of nuclear legislation - is explained in greater detail. Subsequently, experience gathered with the project is discussed. (orig./DG)

[en] National and international administrative actors interact via coordination processes that are often informal, in which they exercise power to accumulate critical resources or push their agendas. Supported by quantitative and qualitative data collection and analysis techniques, this work sheds light on factors that facilitate the successful exercise of power in the energy sector. It looks not only at corporate factors, such as personnel, but also at individual characteristics, such as work experience. A central finding of the study shows that the successful exercise of power is not conditioned by individual corporate factors, but is made possible by a combination of different factors.

No abstract available

[en] Published in summary form only

[en] In some European countries, the legal provisions concerning the right to inspect files currently are under revision for extension. The Commission of the EC is preparing a directive in the field of pollution control. Attempts in this direction are under way in the F.R.G.. The author reviews the laws and the practice in France where experience is already available with advanced legal provisions on file inspection by private persons, of official files, also in matters regarding nuclear installations. The historical development of the relevant French laws since the Revolution is summarised, the authorities' duties to lay open files for inspection are discussed, as well as the current right of access to files, and duty to lay open, the procedure to be observed, and the items of access. It is shown that an extension of the right to inspect files does not imply difficulties, neither in practice nor in legal theory, and protective rights are sufficiently taken into account. (orig./RST)

[en] The central topic of this study is how environmental protection can be ensured within the framework of administrative procedures in Austria. Environmental law in Austria faces two major problems. One is the inadequacy of statutory law; the other a lack of execution. The reasons for the latter are examined in part I. The main part of the study discusses various ways of representing environmental protection interests in administrative procedures, such as licensing. As there are certain limits to citizen's individual rights the study focusses on the participation of groups of citizens and associations as well as ' indirect participation' through an institutionalized representative of environmental interests (a so called 'Umweltanwalt'). Part II gives a comparative analysis of the legal implementation of the 'Umweltanwalt' and similar institutions in Austria's 'Laender' (federal states); it also deals with the pros and cons of creating an 'Umweltanwalt' on the federal level. Part III is dedicated to a proposed amendment of the rules of administrative procedure providing for the participation of the public in environmental decision making. Part IV deals with the question if this procedural approach can be the basis of an appropriate environmental impact assessment. The final part summarizes the positive and negative aspects of the various instruments and pleads for their combination as a solution for the problem of underrepresentation of environmental interests in agency decision making. (author)

[en] The administrative court is the court of first instance for a legal action to set aside supervisory measures taken by the state in matters of transport of radioactive materials. Higher Administrative Court of Hesse, decision of December 20, 1988 - 8 A 699/88. (orig.)

[en] The decision concerns reversal of a decision on reinstatement of the suspensive effect of a legal action by appellate jurisdiction, with respect to special features of the construction of installations requiring different types of permits (here: licence under atomic energy law, and under building law). Federal Administrative Court, decision of July 4, 1988 - 7 C 88.87 (Higher Administrative Court Munich). (orig.)

[en] In the real procedure, three communication models differing in tendency are colliding, each model being represented pars pro toto by the various groups taking part in the procedure. The licensing authority acts on the basis of a one-way communication scheme anchored in the traditional legal institution of a public hearing. The group of applicants predominantly uses the model of communication from a defined position, based on the assumption of being competent in matters of science and technology. The group of objectors frequently conjures the model of discursive communication, hoping to soften rigid attitudes of the authority or the applicants, in order to make the planning procedure more reversibel. The conflicting communicative structures reveal another source of conflict, which lies in the controversial interpretation of legal rules and provisions. (orig./HSCH)