The European Atomic Energy Community in the European Union Context

The 'Outsider' Within
Erscheinungsjahr 2016
ISBN: 978-90-04-31040-7
Verlag: Brill

Buch, Englisch, Band 10, 356 Seiten, Format (B × H): 157 mm x 236 mm, Gewicht: 635 g

Reihe: Nijhoff Studies in European Union Law

Ilina Cenevska’s new book, The European Atomic Energy Community in the European Union Context: The 'Outsider' Within explores the unique nature of the Euratom Community as an entity that establishes a supranational regulation in the civil nuclear industry, which, while formally belonging to the European Union construct, is coincidentally somewhat kept ‘outside’ the mainstream developments in the Union. The book surveys Euratom’s status as an ‘outsider within’ the European Union through the correlation between the principles and mechanisms particular to the functioning of the Euratom legal framework and those devised under the Union framework stricto sensu, focusing on two specific areas - nuclear safeguards and health and safety in the nuclear domain.

Autoren/Hrsg.

Cenevska, Ilina

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht

Inhaltsverzeichnis

Contents
Abbreviations
Introduction
1 The Nature and the Specificity of the Euratom Community: The Claim for Supranationality
i Three Treaties, One Common Concept
ii The Nature and Specificity of the Euratom Treaty in the Context of the Founding Treaties
iii The Institutional Dynamic within the Euratom Compact
iv The Dynamics of Treaty Modification: To Assimilate or Not?
2 The Interaction between the Euratom Health and Safety Policy and the Union Environmental Policy
i The Possibility for Extending the Application of eu Rules to the Euratom Field
ii The Interplay between Environmental and Nuclear Law and Policy
3 Euratom and ‘Environmental Democracy’: eu Citizens’ Access to Information and Participation in Decision-making in the Nuclear Arena
i The eu, Euratom and the Concept of ‘Environmental Democracy’
ii The Aarhus Convention Pillars – Key Aspects
iii The ‘Access to Information’ Pillar of the Aarhus Convention
iv The Participation-in-decision-making Pillar of the Aarhus Convention
v The Implementation of the Aarhus Convention Obligations
vi The Access-to-information and Participation-in-decision-making Requirements in Environmental and Nuclear Matters before International and Regional Judicial Fora
vii The Aarhus Convention Access-to-justice Regime in eu Law – An ‘Accomplished’ Failure
4 Euratom and Non-Proliferation of Nuclear Weapons
i Non-proliferation and Disarmament – Two Concomitant Objectives of the Treaty on the Non-Proliferation of Nuclear Weapons (The npt)
ii The Architecture of the npt Regime and the iaea Safeguards Arrangements
iii The Euratom Safeguards Framework
iv Euratom and eu’s Policy on the Non-proliferation of Nuclear Weapons Legality and Legitimacy Issues Linked to the Practice of Nuclear Weapons Sharing
v Euratom and Military Uses of Nuclear Energy – A Thundering Silence?
5 Euratom and the European Union: Taking Stock of the Present and Mapping Out the Road Ahead
i The (Dis)Balance of Institutional Power and the Democratic Deficit under the Euratom System
ii The Relationship between the Euratom Health and Safety Regime and the Union’s Environmental Policy
iii Euratom’s Stake in the Field of Environmental Democracy
iv Euratom and the Union’s Role in the Field of Non-proliferation of Nuclear Weapons and Euratom’s Stake in the Field of Military Applications of Nuclear Energy
v What Lies Ahead for Euratom
Bibliography
Index

Über Autor(innen)

Ilina Cenevska is Assistant Professor of European Union Law at the Faculty of Law at Ss. Cyril and Methodius University (Skopje, Republic of Macedonia). She holds a LL.M. from the College of Europe in Bruges and a Ph.D. from the Faculty of Law at Ghent University.