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Euratom at the Crossroads

Anna Södersten

This book addresses the contentious debate surrounding the future of the European Atomic Energy Community Treaty (Euratom), one of the European Union’s founding treaties. Arguing that it has remained at a ‘crossroads’ since its adoption in 1957, Anna Södersten explores the issue of whether the treaty should be kept separate from the EU, or be brought within its framework.
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Chapter 3: Legal regimes: theorising the treaty relationship

Anna Södersten

Extract

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’.

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