EURATOM: 50 YEARS TOO MUCH

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EURATOM 50 YEARS TOO MUCH
Conference by the Greens/EFA and the Heinrich
Böll Foundation

• Unilateral Withdrawal from the EURATOM Treaty
• Tobias Lock, University Erlangen-Nuremberg

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Euratom A Failure
Conclusion
Art. 1 It shall be the task of the Community to
contribute to the raising of the standard of
living in the Member States and to the
development of relations with the other countries
by creating the conditions necessary for the
speedy establishment and growth of nuclear
industries.
Unilateral Withdrawal
Consensual Withdrawal
Withdrawal Possible?
Euratom A Failure
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Conclusion

• Objectives not met

Unilateral Withdrawal

• Democratic Deficit

Consensual Withdrawal
Withdrawal Possible?

• Distortion of Competition

Euratom A Failure

• Withdrawal provides opportunity to reform the EU

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Withdrawal Possible?
Conclusion
Art. 208 Euratom This Treaty is concluded for
an unlimited period.
Unilateral Withdrawal
Consensual Withdrawal
Withdrawal Possible?

• Must be viewed in context of limited duration of
  ECSC

• Unlimited period does not mean an eternal period

Euratom A Failure

• Missing provision on unilateral withdrawal is
  common practice

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Some theorists Contrary to integrationist
objective of an ever closer Union
Conclusion
Unilateral Withdrawal
Others Sovereignty of Member States allows them
to terminate any treaty
Consensual Withdrawal
Withdrawal Possible?
Euratom must be viewed separately because

• No substantial changes in 50 years

Euratom A Failure

• Proposed Art. 106 a, para. 3
• The provisions of the Treaty establishing a
• Constitution for Europe shall not derogate
• from the provisions of this Treaty.

• Already different levels of integration in EU

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Consensual Withdrawal The preferable solution
Conclusion
Unilateral Withdrawal
Art. 54 Vienna Convention on the Law of
Treaties The termination of a treaty or the
withdrawal of a party may take place (a)
(b) at any time by consent of all the
parties after consultation with the other
contracting States.
Consensual Withdrawal
Withdrawal Possible?
Euratom A Failure
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Unilateral Withdrawal from Euratom
Conclusion
Unilateral Withdrawal
Art. 56 Vienna Convention Denunciation of or
withdrawal from a treaty containing no provision
regarding termination, denunciation or
withdrawal1. A treaty which contains no
provision regarding its termination and which
does not provide for denunciation or withdrawal
is not subject to denunciation or withdrawal
unless (a) (b) a right of
denunciation or withdrawal may be implied by
the nature of the treaty.
Consensual Withdrawal
Withdrawal Possible?
Euratom A Failure
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Vague Terminology due to a compromise between
Conclusion

• Intention to strengthen international law by
  ruling out withdrawal

Unilateral Withdrawal
Consensual Withdrawal

• Proposition of an unconditional right to withdraw

Withdrawal Possible?
Typical examples of treaties not open to
withdrawal

• Peace treaties
• Treaties establishing a border

Euratom A Failure
Permanent exchange treaties generally terminable

• Euratom treaty is such an exchange treaty

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Further Arguments
Conclusion

• Permanent private law contracts generally
  terminable

Unilateral Withdrawal

• International legal practice has witnessed
  withdrawals

Consensual Withdrawal
Withdrawal Possible?

• Art. I-60 European Constitution
• Voluntary withdrawal from the Union
• 1. Any Member State may decide to withdraw
  from the Union in accordance with its own
  constitutional requirements.

Euratom A Failure
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• Article 62 Vienna Convention
• Fundamental change of circumstances1. A
  fundamental change of circumstances which has
  occurred with regard to those existing at the
  time of the conclusion of a treaty, and which
  was not foreseen by the parties, may not be
  invoked as a ground for terminating or
  withdrawing from the treaty unless
• the existence of those circumstances constituted
  an essential basis of the consent of the parties
  to be bound by the treaty and
• the effect of the change is radically to
  transform the extent of obligations still to be
  performed under the treaty.

Conclusion
Unilateral Withdrawal
Consensual Withdrawal
Withdrawal Possible?
Euratom A Failure
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Conclusion

• Euratom has failed to achieve its main objectives

Conclusion

• Euratom does not live up to the democratic
  standards of the European Community

Unilateral Withdrawal

• There is no justification for the privileged
  treatment of nuclear energy and the resulting
  distortions of competition

Consensual Withdrawal
Withdrawal Possible?

• The Euratom treaty has prevented common European
  standards for plant safety and nuclear waste
  disposal

Euratom A Failure

• A termination of the Euratom treaty would pave
  the way for an inclusion of those provisions that
  are worth preserving into the EC treaty S

• A consensual termination of Euratom is permissible

• A unilateral withdrawal from Euratom is equally
  permissible