UNDERSTANDING HOW THE REGULATORY FRAMEWORK IS POSITIONED IN THE NATIONAL LEGAL SYSTEM
The regulatory framework for radiation safety and security of radioactive material is often connected to regulatory frameworks controlling other areas. Radiation safety regulations may be connected to general health legislation and regulations, for instance regarding fitness for duty of workers or patient safety. Nuclear security regulations may be connected to national legislation and regulations on physical security, for instance regarding national threat assessment and information security. Both radiation safety and security of radioactive material regulations can also have interrelation with general administrative obligations, for instance regarding custom controls.
Understanding the interrelation and the interdependencies of the radiation safety and security of radioactive material legal and regulatory framework with other frameworks is essential to avoid possible delays or even failures when trying to promulgate a new regulation after years of intense work to elaborate it. Respecting formal obligations and general administrative procedures applicable to the elaboration of regulations is critical to avoid unwanted situation during the approval process or after promulgation. The approval of regulations can be subject to appeal in court if formal obligations and general administrative procedures have not been followed or if other latent procedural irregularities are detected.
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Regulations may have multiple interdependencies within the legal system
Participants in the School are encouraged to explore and familiarize themselves as early as possible in the process
about where and how the regulation of radiation safety and security of radioactive material is positioned within the
national legal system and governmental structure, including, but not limited to:
- The law(s) that give(s) legal ground to elaborate and approve the intended regulations (new or revised). .
- Interconnected legal framework, including laws and regulations, and governmental bodies responsible for them. .
- Provisions of the administrative legislation regarding the obligation to engage other governmental along the process of elaboration and promulgation of new or revised regulations (e.g. joint elaboration or sponsorship, joint promulgation, mandatory consultation before promulgation…)..
If the scope of the intended regulations makes mandatory to engage other governmental bodies in one way or another, this should be considered upfront to avoid undesirable circumstances. Failure to do so may result in regulations that could be challenged by other governmental bodies or by the subjects of the legislation. Eventually, legally flawed regulations can be nullified by a court of law upon request of the interested party who considers that their rights have not been respected.
Participants in the School are also encouraged to prepare schematics showing the interrelation between the intended regulation and other pieces of national legislation at the different level of the legal pyramid, as well as the interrelation of the regulation with international obligations and commitments. These schematics can be very useful to easily understand the interdependencies between pieces of legislation and the respective hierarchical level within the legal framework of the country.
