Regulating food law

Risk analysis and the precautionary principle as general principles of EU food law

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Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.

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Preliminary Material
Seiten: 1–8
Abbreviations
Seiten: 11
General introduction
Seiten: 13–35
From mutual recognition to mutual scientific opinion?
Constitutional framework for risk analysis in EU food safety law
Seiten: 37–59
Science-based legislation?
EU food law submitted to risk analysis
Seiten: 61–84
Different actors, different factors?
Science and other legitimate factors in EU and national food safety regulation
Seiten: 107–132
Conclusions
Seiten: 133–142
Articles 34, 36 and 114 TFEU
Seiten: 143–144
References
Seiten: 145–154
About the Author
Seiten: 155
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