The European Atomic Energy Community – a supranational regional power

The European Atomic Energy Community exists next to the European Union (EU) as separate legal entity: EURATOM. Regardless of whether the 28 Member States have opted for nuclear power, the European Commission as main executive body ensures that nuclear material is not diverted from its intended and declared use. The EURATOM safeguards system has four legal dimensions: Unlike classic international organisations, the supranational dimension gives extraordinary legal powers to the Commission, unrivalled even in other fields of European law: The Commission sends inspectors to the Member States where it has enforcement rights vis-à-vis Member States and nuclear operators, on which it may impose sanctions (supervision dimension). The classic international dimension is based on bilateral EURATOM agreements with third countries, mostly suppliers of nuclear material. The cooperation dimension rests on multilateral agreements between EURATOM, the International Atomic Energy Agency (IAEA) and Member States, i.e. 26 non-nuclear and two nuclear weapon States. They contain principles of cooperation such as common inspections. The Commission can issue directives against Member States and decisions against nuclear operators, in the form of sanctions. Decisions by the Court of Justice of the European Union have clarified and confirmed these rights. In an ever-evolving and increasingly complex world, the EURATOM nuclear safeguards regime is constantly adapting to new challenges by improving its internal methods of working and its external relations, especially its cooperation with the IAEA. Europe’s regional “soft” power is backed by “hard” legal competences. As a consequence, the EURATOM safeguards system, in its 56 years of existence, has been recognised an important contributor to the global task of non-proliferation and a guarantee for European citizens that nuclear power is used for peaceful purposes.