Aktuální trendy a výzvy v oblasti právní úpravy odpovědnosti za jaderné škody v evropském kontextu

Currently, the legal framework for nuclear liability derives mainly from two major international treaties: The Paris Convention on Third Party Liability in the Field of Nuclear Energy, signed under the auspices of the Organization for European Economic Cooperation (OEEC) in 1960 and the Vienna Convention on Civil Liability for Nuclear Damage, that was signed under the auspices of the International Atomic Energy Agency (IAEA) in 1963. Both the Paris Convention and the Vienna Convention, are governed by identical basic principles. These principles are strict (objective) liability, congruence between liability and coverage, channelling of liability exclusively onto the operator, very restricted exonerations, non-discrimination of victims, and exklusive jurisdiction of the courts of one country. So, if we would like to analyse the situation with nuclear liability in the European Union, we can define this as a “patchwork”. Before 2004 enlargement, the EU member states, with exception of Austria, Ireland and Luxembourg, were parties to the Paris Convention and most of them also to the Brussels Conventions. During the 2004 and 2008 enlargements, mainly Vienna Convention signatories entered the Union. While all of these Vienna Convention states are also parties the 1988 Joint Protocol, only 8 of the Paris Convention states adhere to this instrument which creates a “bridge” between the Paris and the Vienna Conventions. Slovenia originally was a Vienna State but in 2001 signed the Paris Convention and terminated the Vienna Convention.