ABSTRACT
This chapter analyses the worldwide innovative approach that the German legal system took with regards to selecting a site for the disposal facility. It was introduced with the adoption of a federal statute in 2013 on searching for and selecting sites for the radioactive waste disposal facility (replaced with a new statute in 2017).
This chapter starts with presenting the context that enables us to understand the dramatic changes that the German lawmaker introduced over time. A particular site (Gorleben) was chosen for disposal facility over 40 years ago by the Federal executive power. This site selection was a crucial element of the so-call First Shutdown of Nuclear Reactors.
Furthermore, the chapter analyses the content of the statutory framework that, according to its justification, aims to establish a broad compromise within German society. The chapter analyses the statutory requirement that the future repository ensures safety for at least one million years, or a ban on exporting any radioactive waste should be introduced. Furthermore, the original framework was based on an (ambitious) assumption that the selection process will be finalised by 2031.
Finally, the chapter also covers the conclusions that came out of this process, as well as what requires further changes in the 2017 Act.
