Causal jurisdiction of the administrative court in proceedings concerning nuclear events

Abstract

The Code of Administrative Court Procedure regulates the causal jurisdiction of the administrative court for proceedings on administrative actions in the field of nuclear events. The present article analyses the range of possible situations that could fall within the jurisdiction of the court thus defined, and at the same time discusses in a broader context the possibility and purpose of establishing causal jurisdiction of administrative and civil courts in matters concerning the peaceful use of nuclear energy. The interpretation leads to the conclusion that the causal jurisdiction of the administrative court for administrative proceedings in the area of nuclear events stricto sensu is unusable from an application point of view and in the area of nuclear events lato sensu potentially making the position of possible plaintiffs more difficult, and therefore consideration of the deletion of the relevant provision of the Code of Administrative Court Procedure appears to be appropriate.