State decisions regarding a repository for high-level radioactive waste have an extraordinary intergenerational significance. The academic legal discussion has increasingly strengthened the status of future generations in constitutional law. In its recent decision on the German Climate Protection Act, the Federal Constitutional Court equally emphasised that state actors have an obligation to protect future generations. Fundamental rights of future generations thus have an anticipated effect in the present.

After decades of preparation, the final disposal of spent nuclear fuel has reached the construction stage in Finland, and the neighboring Sweden is likely to soon follow in the footsteps. These Nordic countries rely on a similar technical concept based on passive safety, advocated as a means of minimizing the burden to future generations. The scholarly literature on the ethics of nuclear waste management has thus far paid little attention to the views of the broader publics on the associated ethical challenges.