The Relation of the EU Law and the Nuclear Liability Legislation: Possibilities, Limits and Mutual Interaction

Marianna Novotná – Peter Varga

In: Societas et iurisprudentia • 2014 • Volume 2 • Issue 3 • Pages 96-123 • ISSN 1339-5467

Abstract: The authors of the paper deal with the legal relations of nuclear liability in their narrow meaning, i.e. specifically they deal with the civil law relationships for the nuclear damage caused by the nuclear incident that are, due to their specific character and potential cross-border consequences, regulated by a regulation of international law. The emphasis is in the paper put on questions of potential application and limits of the European Union (“EU”) legislation, represented by the Regulation Brussels I that is applicable to legal nuclear liability relations (eventually, their procedural aspects by application of this right by legitimate subjects) and connected by mutual relationships between the Regulation and international nuclear liability conventions as well as questions of definition of concrete rules setting the jurisdiction of courts in matters of nuclear damage compensation where the Regulation Brussels I may be applicable. An attention is given also to the question of potential application of the Regulation Rome II to legal relationships of nuclear damage compensation and to the legal relationships that are closely connected with the nuclear damage compensation, though these are not directly regulated by international nuclear liability conventions.

Key Words: Nuclear Liability Legislation; Nuclear Liability Regimes; International Nuclear Liability Conventions; Regulation Brussels I; Regulation Rome II; the European Union Legislation.

URL: https://sei.iuridica.truni.sk/archive/2014/03/SEI-2014-03-Studies-Novotna-Marianna-Varga-Peter.pdf

Bibliographic Citation

NOVOTNÁ, M. and P. VARGA. The Relation of the EU Law and the Nuclear Liability Legislation: Possibilities, Limits and Mutual Interaction. Societas et iurisprudentia [online]. 2014, vol. 2, no. 3, pp. 96-123 [cit. 2020-01-01]. ISSN 1339-5467. Available at: https://sei.iuridica.truni.sk/international-scientific-journal/archive/issue-2014-03/the-relation-of-the-eu-law-and-the-nuclear-liability-legislation-possibilities-limits-and-mutual-interaction/.