Federal constitutional law for a nuclear-free Austria
| Basic data | |
|---|---|
| Title: | Federal constitutional law for a nuclear-free Austria |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Constitutional law , energy law , environmental law |
| Reference: | BGBl. I No. 149/1999 |
| Effective date: | August 13, 1999 |
| Please note the note on the applicable legal version ! | |
The Federal Constitutional Law for a Nuclear-Free Austria is an Austrian constitutional law that prohibits the use of nuclear power for energy generation and the construction of corresponding plants.
history
The "Federal Constitutional Law for a Nuclear-Free Austria" of 1999 goes back in its origin to the so-called "Atomic Blocking Act" enacted in 1978 under the Federal Chancellor Bruno Kreisky .
Federal Law of 1978
| Basic data | |
|---|---|
| Title: | Ban on the use of nuclear fission for energy supply in Austria |
| Long title: | Federal law of December 15, 1978 on the prohibition of the use of nuclear fission for energy supply in Austria |
| Abbreviation: | vulgo: atomic prohibition law |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Energy law |
| Reference: | Federal Law Gazette No. 676/1978 |
| Date of law: | December 15, 1978 |
| Expiration date: | August 13, 1999 (received constitutional status as Section 2 of the Federal Constitutional Act for a nuclear-free Austria ) |
| Please note the note on the applicable legal version ! | |
After the referendum in 1978 against the commissioning of the already completed Zwentendorf nuclear power plant , a simple law - the so-called “Atomic Locking Act” (officially the federal law of December 15, 1978 on the prohibition of the use of nuclear fission for energy supply in Austria ) - was passed.
Proponents of the law got a tailwind after the reactor accident at Three Mile Island . However, many opponents were convinced in 1986 in the Chernobyl reactor accident .
Federal Constitutional Law
In 1996/1997 the small extra-parliamentary party “Bürgerliche Grüne Österreichs” (BGÖ) collected declarations of support for a “ referendum for a nuclear-free Austria”. The FPÖ plebiscite against the introduction of the EURO was brought to a deadline by the surprisingly presented FPÖ plebiscite. The BGÖ then submitted the plebiscite in September 1997 with the signatures of nine liberal members of the National Council. The authorized recipients were the BGÖ general secretary Günter Ofner and the BGÖ federal chairman Ing. Rudolf Dunkl. This meant that both petitions could be submitted for signature at the same time, which also meant significant cost savings for the republic. There was no further cooperation between the BGÖ and the FPÖ. The referendum received 248,787 valid signatures (= 4.34 percent). His text was adopted almost verbatim in the later Federal Constitutional Act.
In 1999, the Federal Constitutional Act for a nuclear-free Austria was passed unanimously in parliament ( constitutional amendment 1999 ), and thus the Nuclear Lockdown Act was raised to constitutional status.
content
The law for a nuclear-free Austria states in five paragraphs:
- No nuclear weapons may be manufactured, stored, tested or transported in Austria .
- Nuclear power plants may not be built or those that have already been built may not be put into operation.
- The transport and storage of fissile material is prohibited. The only exceptions are those materials that are only used for peaceful purposes other than for energy generation.
- It must be ensured that damage that occurs in Austria as a result of a nuclear accident is adequately compensated and that this damage compensation can, if possible, also be enforced against foreign harm. The 1999 Atomic Liability Act takes this requirement into account.
- The respective federal government is responsible for enforcement .
See also
Legal source
- Federal Constitutional Law for a Nuclear- Free Austria Federal Law Gazette I No. 149/1999 (PDF)
- Prohibition of the use of nuclear fission for energy supply in Austria Federal Law Gazette No. 676/1978 (PDF), materially derogated by the Federal Constitutional Act for a nuclear-free Austria.
literature
- Popular initiative "Nuclear-free Austria" . Federal Ministry of the Interior
- Dieter Pesendorfer: Paradigm Shift in Environmental Policy: From the Beginnings of Environmental Policy to Sustainability Policy: Model Case Austria? VS Verlag für Sozialwissenschaften, 2007, ISBN 978-3-531-15649-1 , environmental policy in the 1980s , p. 103 ff .
