The directive establishing a community framework for the nuclear safety of nuclear installations: the European Union approach to nuclear safety

This article aims at explaining the evolution leading to the adoption of the recent Council Directive 2009/71/EURATOM establishing a Community framework for the nuclear safety of nuclear installations adopted with the consent of all 27 members states following the overwhelming support of the European Parliament, that creates for the first time, a binding legal framework that brings legal certainty to European Union citizens and reinforces the role and independence of national regulators. The paper is divided into three sections. The first section addresses the competence of the European Atomic energy Community to legislate in the area of nuclear safety. It focuses on the 2002 landmark ruling of the European Court of justice that confirmed this competence by recognizing the intrinsic link between radiation protection and nuclear safety. The second part describes the history of the Nuclear safety directive from the initial 2003 European Commission proposal to today 's text in force. The third part is dedicated to a description of the content of the Directive and its implications on the further development of nuclear safety in the European Union. (N.C.)