Nuclear InterJura 2005 Report of Working Group 4 "Radiation Protection" of INLA

Nuclear law is always evolving worldwide, and protection against ionising radiation is an area where developments are constant and very significant. This is true beyond and independently of the guiding role of international standards and recommendations, since the development of national legislation is a function of several factors, such as the adoption and entering into force of international instruments (conventions, regulations, directives etc.), the obligation to bring such national legislation in line with those instruments, the need for updating and improving it, including by covering certain activities/operations not considered by them, and so on and so forth. The Group has always endeavoured to address issues and topics of the widest possible interest, as well as of current consideration and concern. In pursuing this effort, some given issues and topics are revisited in the light of further analysis and developed accordingly, others are dealt with for the first time and may well be the subject of further consideration. The present report reflects the analysis carried out by the Group in some areas believed to be particularly important and of a special momentum from the legal angle, i.e. regulating natural radioactivity in Europe and the relevance of radiation protection in inspection under the Comprehensive Test Ban Treaty. Besides, the reports focuses on possible ways of preserving a successful international nuclear regime, an issue which is assumedly of the utmost importance to all those who believe in the peaceful use of nuclear energy as a beneficial resource for humankind. Finally and in keeping with a tradition followed by the Group, various case law are discussed drawing both on European Court of Justice and national courts’ ruling. This case law touches upon environment, nuclear safety and liability at work. It is noted that the bearing of the Court of Justice’s ruling is relevant also beyond the geographical area concerned, which by now has become considerably vaster following the recent enlargement of the European Union. The Group hopes that this report will at least equal the success encountered by its reports at previous conferences and that the ensuing debate will involve a high number of participants.