Germany´s Nuclear Exit: The Government´s 2011 Suspension of The Statutory Prolongation of Nuclear Power Generation

Germany´s nuclear exit: The government´s 2011 suspension of the statutory prolongation of nuclear power generation

1. Introduction

On 28th October 2010, the 11th Act to Amend the Atomic Energy Act, with aim of extending the life span of nuclear energy plants was passed with 308 to 289 by the lower house of German parliament, the Bundestag. The content of this act was to extend the life span of 17 German nuclear reactors by approximately 12 years. The passing of the act raised much controversy as the act was suited to Bundestag only and there were expressions that Bundesrat is being avoided, which would be unconstitutional. In relation to this, on 26th November 2010, the upper house of German parliament, the Bundesrat stated that their approval to the act is not needed. The act came into law after it was signed by the President on 8th December 2010.

On 30th May 2011, the parliament introduces the concept of a nuclear power in form of exiting the previous decision from 2010 and that all nuclear power plants should shut down by 2022, where 8 nuclear reactors were to be shut down immediately, led by the chancellor Angela Merkel. This move was very likely affected by the Fukushima crisis in Japan, which had catastrophic consequences. On 30th June 2011 the lower house of Parliament, the Bundestag approves the nuclear exit of Germany until 2011. The Bill itself was passed by 513 to 79, along with 9 abstentions. This however raised various concerns from Germany´s neighbours and EU as the nuclear power supplies with 23% of Germany´s energy and the shutdown of 8 nuclear reactors is to decrease the European power supply by 2-3%.

Firstly, this paper will theoretically examine if the federal level can place decisions concerning the use and functioning of the nuclear power plants situated in the individual states. Secondly, the example of approved bill of AtG of Germany´s nuclear exit in 2011 will be used to investigate the voting framework of proposal and approval of a Bill in relation to both lower house the Bundestag and upper house the Bundesrat of German Parliament. Thirdly, other concerns in relation to AtG will be stated, which might have a significant effect on the adoption of AtG and its future development. Finally, the conclusion will be provided.

2 The legislative power of federal level in relation to the individual State

From the presented facts, it can be assumed, that the federal level has the competence and power to decide over the issue of use and functioning of nuclear power plants, which are located in the individual States, but where does this power come from? In German Basic Law for the Federal Republic of Germany or Grundgesetz für die Bundesrepublik Deutschland it states:

The Federation has exclusive legislative power regarding:

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