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Review Atomrecht – Atomgesetz und Ausstiegsgesetze

Frenz (ed.): Atomrecht – Atomgesetz und Ausstiegsgesetze, 2nd edition, 810 p., Nomos Verlagsgesellschaft, ISBN 978-3-7560-0339-6, 169 €.

Fig. 1. // Bild 1. Frenz (Hrsg.): Atomrecht – Atomgesetz und Ausstiegs­gesetze. Source/Quelle: Nomos

The nuclear phase-out was completed in Germany on 15th April 2023 with the shutdown of the last nuclear power plant. In the course of the phase-out process, nuclear law has changed from a right to promote the peaceful use of nuclear energy to a right to phase out nuclear energy. The present volume (Figure 1), edited by Prof. Walter Frenz, who was able to recruit a team of experts from law firms, ministries and universities, comments on the Act on the Peaceful Utilisation of Nuclear Energy and Protection against its Dangers (Atomic Energy Act – AtG) in its current version as well as the other related laws: the Act on the Search and Selection of a Site for a Repository for High-Level Radioactive Waste (Site Selection Act – StandAG), the Act on the Establishment of a Fund for the Financing of Nuclear Waste Disposal (Disposal Fund Act – EntsorgFondsG), the Act on the Regulation of the Transition of the Obligations to Finance and Act on the Disposal of Radioactive Waste of the Operators of Nuclear Power Plants (Disposal Transition Act – EntsÜG), the Act on the Costs of Decommissioning and Dismantling Nuclear Power Plants and Packaging of Radioactive Waste (Transparency Act – TranspG) and the Act on Continued Liability for Dismantling and Disposal Costs in the Nuclear Energy Sector (Continued Liability Act – NachhG). The book builds on the 1st edition on nuclear law from 2019, but takes into account the adjustments already demanded therein and now realised by the legislator, in particular with regard to compensation regulations. This creates an overall picture of the now completed operation of nuclear power plants through to their dismantling and nuclear aftercare, completed by final disposal. European law is also included – e.g. on the question of the extent to which nuclear power plants found to be unsafe near the border can be inspected or even decommissioned in other EU states. The commentaries on the individual laws are accompanied by numerous references. An extensive index at the end makes it easier to find specific issues.

The nuclear phase-out does not end with the decommissioning of the last nuclear power plant, but will continue for a long time to come. The decommissioning of the power plants alone will take decades. This makes a commentary accompanying this process all the more important.

Dipl.-Ing. Andreas-Peter Sitte, Chief Editor of Mining Report Glückauf, Moers