Hastings International and Comparative Law Review


This commentary by Dr. Bosselmarn originally appeared in Kritische Jirstiz in 1980. It is reproduced here with the author's permission in order to provide insight into this area of legal concern with respect to current debates in West Germany. This piece is especially timely in view of the Notes on licensing and decommissioning of nuclear power plants also published in this issue. Dr. Bosselmann's belief is that the nuclear licensing process in West Germany has not been concerned with the fundamental constitutional rights of the individual. Instead, nuclear licensing has evolved in the direction of procedural acceleration and simplification, and has thus lost sight of the primary licensing objective of public protection from nuclear dangers and risks.