The decision of the Federal Constitutional Court on the transhipment ban for nuclear fuels in the ports of Bremen leaves nothing to be desired in terms of clarity.
In protest against the nuclear policy in the federal government, the Bremen guarantee, dominated by the SPD and the Greens, blocked the handling of nuclear fuels in 2012 by amending the Port Operation Act.
The then Senator for Economics and Ports Martin Günther (SPD) said that one was entering “new legal territory”.
Karlsruhe has now made it clear that Bremen is entering a constitutional no man's land.
With the transhipment ban, the exclusive legislative competence of the federal government for the peaceful use of nuclear energy was undermined.
Reading the Karlsruhe resolution is recommended to those who oppose nuclear power, especially in the current debate about the EU's plans for the sustainability seal for nuclear power.
It is recalled that the competency regulation for nuclear power, according to the prevailing opinion, also contains a “material-legal legitimation of nuclear power”.