Chapter 3: Legal regimes: theorising the treaty relationship
Chapter 3 conceptualises the EU and the Euratom as legal regimes. The question is whether they belong to the same legal regime or whether they are better conceptualised as separate legal regimes. The Euratom and the EU belong to the same legal regime in the sense that they share institutions and in that they both have supranational characteristics. However, the Euratom Treaty is not just another policy area; it is a separate treaty with separate objectives. The chapter can help us to understand how to make the choice of legal basis, and in particular, how this choice is different from the choice between different policy areas under the TFEU. The chapter also examines the ethos of the Euratom and the question of whether ‘constitutionalisation’ is discernible in a Euratom context. It also explores the possibility of ‘partial membership’.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.