Regional Perspective: Distribution of Powers and Cooperation Patterns under EU Law as Applicable to CBRN Protection

The whole management cycle applicable to CBRN threats and risks calls into question the multilevel allocation of competences and powers which characterizes the European Union architecture as a whole. Exactly as in the case of the EU legal provisions dealing with natural and man-made disasters in general, it is not possible to identify a unitary legal framework applicable at supranational level for the prevention, preparedness, response and recovery from CBRN events. Also relevant is the circumstance that the EU Treaties, on the one hand, recognize the primacy of Member States’ prerogatives related to their essential functions and, on the other, respect the exclusive competence of the latter in maintaining law and order and safeguarding national security (Article 4.2 TEU). Against this background, this chapter seeks to realize a general survey of cooperation instruments elaborated at supranational level to maximize the EU’s and Member States’ joint efforts towards CBRN protection. The ultimate goal is to identify general trends and approaches in allocating competences and powers among the Union and its Member States in the CBRN domain and to detect critical points that could be relevant in the analysis of the EU sectoral policies.