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The EU ‘Stress Tests’: The Basis for a New Regulatory Framework for Nuclear Safety
Author(s) -
ÁlvarezVerdugo Milagros
Publication year - 2015
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12114
Subject(s) - legitimacy , mainstream , nuclear power plant , political science , law and economics , member states , nuclear power , interpretation (philosophy) , european union , business , law , international trade , economics , biology , physics , computer science , ecology , politics , nuclear physics , programming language
Abstract Among the constitutional tensions at the heart of the E uropean integration process, the relationship between ‘mainstream’ EU L aw (framed by the T reaty on E uropean U nion) and E uratom L aw has often been overlooked. Nonetheless, the EU 's response to the nuclear power plant accident in F ukushima provides an opportunity to revisit this relationship. This article specifically aims to highlight the dysfunctions of the prevailing understanding of the E uratom's provisions on nuclear safety matters as well as to identify, under a joint interpretation of all EU T reaties, how to develop a European nuclear safety regime that reinforces the compensatory role of EU law and contributes to enhance the EU 's legitimacy.