THE PHASE-OUT OF NUCLEAR POWER IN GERMANY

Over the past 20 years, political attitudes in Germany towards the nuclear industry have been characterised less by consistency than by some major policy shifts, and the same can be said for the legislation that emerged from these attitudes. Although a number of these about-turns were predictable, others were less so because of their dependence on external factors. What now looks likely to be the final1 decision to phase out the civil use of nuclear power in Germany by 31 December 20222 raises a whole host of legal questions. In particular, the procedure followed to implement this phase-out provides ample material for debates on questions of constitutionality. Further matters of jurisprudential interest include the agreements concluded with the nuclear industry before the final phase-out decision was taken and the chronologically close political about-face themselves. Finally, a degree of legal uncertainty still surrounds not only the as-yet still unresolved issue of final repositories but also the resurgent debate over the source of funding for the dismantling of nuclear power plants. After providing an overview of the initial situation and the problems arising in connection with Germany’s phasing out of the civil use of nuclear energy, this paper will place these issues in their proper legal context before evaluating them and highlighting the connection between these points of nuclear law and the current upheaval in German energy policy.

The external dimension of the European Union’s energy policy and practice of German energy policy

The article presents selected issues related to shaping the external dimension of the European Union’s energy policy and the main directions and practice of Germany’s energy policy. The beginnings, directions and instruments of the external dimension of EU energy policy are discussed, including problems limiting the effectiveness of external coordination of energy cooperation of the European Union Member States. In addition, the study presents Germany’s position towards the external dimension of EU energy policy as well as the goals, shape and main instruments of Germany’s energy relations with producers, consumers and transit countries of energy resources.

Energiewende: german energy policy in times of green transition

Germany has developed an ambitious strategy to increase the share of renewable sources in its energy matrix and to enable the transition to a green industrial paradigm. Known as Energiewende, the policy implied profound structural transformations in the energy system. Participation of the residents and of small entrepreneurs stands out among its particularities. The state leads the transitional project by mediating the divergent interests among social and economic agents. The challenge is to maintain social consensus despite unequal costs. Individual consumers, farmers and some industries faced high electricity prices while energy-intensive industries were exempt, a disparity that attracts much criticism. The project involves dismantling nuclear power plants, which leads to increasing use of coal or natural gas. Another challenge is to keep investments on track. This article presents the topic from its historical development and shows that German energy strategy surpasses moral and economic concerns. Beyond economics and energy security, it is a broader plan to place the country in the vanguard transition to green capitalism.

Energiewende: german energy policy in times of green transition

Germany has developed an ambitious strategy to increase the share of renewable sources in its energy matrix and to enable the transition to a green industrial paradigm. Known as Energiewende, the policy implied profound structural transformations in the energy system. Participation of the residents and of small entrepreneurs stands out among its particularities. The state leads the transitional project by mediating the divergent interests among social and economic agents. The challenge is to maintain social consensus despite unequal costs. Individual consumers, farmers and some industries faced high electricity prices while energy-intensive industries were exempt, a disparity that attracts much criticism. The project involves dismantling nuclear power plants, which leads to increasing use of coal or natural gas. Another challenge is to keep investments on track. This article presents the topic from its historical development and shows that German energy strategy surpasses moral and economic concerns. Beyond economics and energy security, it is a broader plan to place the country in the vanguard transition to green capitalism.