Robert Habeck under pressure: Was the nuclear phase-out illegal?

Berlin newspaper Robert Habeck under pressure: Was the nuclear phase-out illegal? Article by Nathan Giwertsev • 1 H. Turning away from the phase-out is ruled out: Economics Minister Robert Habeck sees the end of nuclear power despite the energy crisis. Why did Economics Minister Robert Habeck (Greens) shut down the last nuclear power plants - in the middle of an energy crisis? An editor at Cicero Magazine wants answers: Daniel Gräber has been suing for the publication of the files on the basis of which the decision to phase out the nuclear power plant was made for almost two years. Now the administrative court in Berlin-Moabit has rejected several reasons why Habeck's lawyers keep a large part of the documents secret from the public. They also promised to release three quarters of the previously secret documents. A verdict on the still disputed documents is expected to be made within the next two weeks. During the oral hearing in the administrative court in Berlin-Moabit, Habeck's officials wrestled with arguments as to why the documents should remain secret. It is a public hearing, which is why the Berliner Zeitung is also there. Because energy bottlenecks like those in February 2022 cannot be ruled out in the future - gas imports collapsed shortly after Russia's attack on Ukraine - the files should not be released, according to a lawyer at the ministry. He threatens a horror scenario: Germany could sink into energy chaos again because the nuclear power plants are no longer online! In this respect, the emergency situation at the time can be transferred to future crisis situations with regard to energy security, the official argues. He wants to go to court to ensure that the files remain secret. In this way, he wants to circumvent the rule that the public has a right to know how certain decisions by their government came about in the past. That's not his only excuse. He also points out that the publication of the previously secret documents could jeopardize confidential discussions on nuclear power or security of supply between Germany and other countries. The official speaks of Germany taking its own path with the end of nuclear power. It must defend this against the media and other European countries. Habeck's ministry apparently wants to prevent documents from coming to light that could discredit his decision to phase out the nuclear power plant. His colleague tries to reassure him: the next energy bottleneck isn't lurking around the corner. However, it cannot be ruled out that an energy crisis like the one in February 2022 could break out again. However, he sees a danger from another direction – from the opposition parties and from critical media. But there are other problems too. The federal government must coordinate and position itself on its controversial nuclear decision every day, for example vis-à-vis the Union parliamentary group in the Bundestag, said the official. This made over ten small inquiries about the nuclear phase-out. In addition, several states came together in the media during the COP28 climate conference in Dubai to advocate for more nuclear power. Even if most countries around the world do not yet have nuclear power plants, the federal government must defend the nuclear phase-out in retrospect and in anticipation. It also cannot be ruled out that individual reactors that have been put into stretch operation could be included in the discussion again. Apparently a threat scenario for the federal government - but one that doesn't convince the judge. Because: According to the Environmental Information Act (UIG) and the Freedom of Information Act (IFG), the public is entitled to environmentally relevant information from all responsible bodies. That's why the judge rejected Habeck's officials' application for the so-called third-party participation procedure. This means that before ministry documents are released, relevant third parties who have been in contact with the ministry - in this case the operators of the nuclear power plants - must first be interviewed. The judge argued that the officials had not convincingly explained how the companies' trade and business secrets could be affected by the release of the files. When asked by the judge, one of the Habeck officials said that the company's secrets would not be affected by the publication. Curious: During the oral hearing, Habeck's ministry lawyer couldn't even say whether the dismantling of nuclear power plants in Germany is reversible or not. Then, while the judge lists all the documents that were previously inaccessible to the public, the next hammer: The judge names a note and asks Habeck's officials about the type of document. According to them, it is a training assignment for a legal trainee that was neither presented to management nor had any influence on legislation.