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Kelsen in the reactor hall? The complex interrelationship of national law, European Union law and international law in the regulation of nuclear safety

100%
Fyhr K.
Studia Prawa Publicznego
|
2023
|
issue 3 (43)
57-88
EN
This paper focuses on a highly specialized field of law, namely nuclear law. This is characterized, on the one hand, by strong national competences and the primary position of national law, but also, on the other hand, by the international dimension, which has a major impact on national law. For a European Union Member State, the picture is even more wide-ranging, as European Union law, in this case the Euratom Treaty, adds another important layer to the legal-regulatory framework in the nuclear energy sector. The point of departure for this paper is therefore that of an EU Member State, which in nuclear energy issues functions in a legal field consisting of three interdependent main elements – national law, European Union law and international law. Thus, the article seeks to answer the question of which of these three legal systems is the primary one for an EU Member State in the area of nuclear safety, and also to shed light on their interrelationships. he theoretical framework for this analysis aimed at systematization is Hans Kelsen’s classical theory of legal systems. The argument presented here is that for an EU Member State the primary legal system from a legal-hierarchical point of view is the legal system composed of EU law. This is the case mainly because the EU has competence in the area of nuclear safety, albeit shared with the EU Member States. Although the EU/Euratom has not yet significantly expanded regulation in this field, this will most likely change as EU energy policy and legislation develops further in the future. This evolution will most likely have both legislative and enforcement impacts, despite the fact that the substantive content of legislation on all three levels is quite similar. In spite of this, the three legal systems co-exist in constant interaction and without major collisions. Kelsen’s perspective can prove beneficial for understanding the boundaries of the three interdependent legal systems and the shift of the basic norm towards EU law over the past two decades.
2
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Acquis Communautaire in the Field of Nuclear and Radiation Safety and Ukrainian Legislation: Prospects and Challenges of Harmonization

100%
Sushyk O.
Studia Iuridica
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2017
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vol. 71
235-247
EN
Since the Chernobyl disaster, special attention is paid in Ukraine to legislation in the field of nuclear energy and radiation safety. A new stage of enhancing Ukrainian nuclear and radiation safety legislation began with the signing in 2014 of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other. In addition, the Ordinance of the Cabinet of Ministers of Ukraine of 17 September 2014 on the implementation of the Association Agreement on atomic energy between Ukraine from one side and the European Union, the European Community and its member-countries from another side, provided for the development and adoption of new regulations in the energy sector (including nuclear) in order to implement Directives: 1) Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations, 2) Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel, 3) Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionizing radiation. Implementation of EU legislation in the field of nuclear and radiation safety will reveal major shortcomings of the current state of affairs and, at the same time, mechanisms to improve Ukraine’s national legislation with the aim of preventing another Chernobyl disaster in the future.
3
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Reprocessing of nuclear fuel : certain legal issues arising from this unique technology

88%
Handrlica J.
The Lawyer Quarterly
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2019
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vol. 9
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issue 2
150-161
EN
A key, nearly unique, characteristic of nuclear energy is that spent fuel may be reprocessed to recover fissile materials to provide fresh fuel for existing and future nuclear installations. United Kingdom, France, Russian Federation, China, India and Japan have policies to reprocess spent fuel, although government policies in many other countries have not yet come to seeing spent fuel as a resource rather than a waste. In 1997, the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management reaffirmed the right of the State to define its own fuel cycle policy, i.e. either to consider spent fuel as a resource that may be reprocessed, or to dispose it as waste. Further, the Convention also reconfirmed the right of its Contracting Parties to export spent fuel for reprocessing in a third country and its return to the State of origin. This article is dealing with topical legal issues arising from this unique technology.
4
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Impact of eurointegration on the transformation of the political-legal system of Ukraine in the field of nuclear safety

75%
Kaliuzhna Y.
Reality of Politics
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2023
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issue 25
23-46
EN
This article deals with the most pressing issues in the modern political-legal and security information agenda. The active hostilities on the territory of Ukraine have placed the world, and in particular the European Union, under the threat of a new artificial nuclear catastrophe, which could be provoked by the provocative actions of the Russian army at the Zaporizhzhia nuclear power plant. Considering the relevance of the issue, the object of study is the political and legal system of Ukraine in the context of nuclear safety, which has undergone significant changes under the influence of European integration. For comprehensive coverage of the issue, the study examines the evolution of nuclear safety both in Ukraine and the European Union. Particular attention is paid to both the development of legislation and the formation of regulatory authorities. An important component of this study is a detailed analysis of the legal framework of both Ukraine and the European Union. Due to this, it was possible to clearly determine the scale of influence of the specific legislative acts. The study confirmed the impact of European integration on the main laws of Ukraine related to nuclear safety and the need to bring Ukrainian nuclear safety regulatory documents into line with the legislation of the European Union. This article deals with the EU supranational regulators such as WENRA and ENSREG have a significant impact on the regulatory and legal framework for nuclear safety. Ukraine made many commitments to improve control and develop its own regulatory body – the State Regulatory Inspectorate, which received significant autonomy under the influence of European initiatives. It should be stated that the influence of European integration as a political process is so profound that it leads to conceptual changes in the legislative and even institutional framework. The conclusions provide a few suggestions for improving the response system to factors such as hostilities, including at the legal level.
5
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WYMIARY BEZPIECZEŃSTWA MIĘDZYNARODOWEGO NA SZCZYTACH G7/G8

75%
Matera R.
Polityka i Społeczeństwo
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2015
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issue 2(13)
126-143 (18)
EN
In the article the origins of G7 and G8 were briefly presented. The author also char-acterized the ways of functioning (called the system) of these groups. The main stress was put on the numerous issues of international security. Therefore the different dimen-sions of this were emphasized, and the commitments made by the leaders during yearly summits to solving the problems in this area were analyzed. At the end of the paper the author tried to answer the question if such a specific international institution is still able to act effectively to influence the different dimensions of international security in the new political situation (especially as a result of Russia’s foreign policy in 2014) .
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