Regulating food law
Subtitle: risk analysis and the precautionary principle as general principles of EU food law
By: Anna Szajkowska
Series: European Institute for Food Law series -- no. 7; European Institute for Food Law series -- no. 7.
Publisher: Wageningen Academic Publishers
Published: 2012
Place of publication: Wageningen, The Netherlands
Language: eng
Number of pages: 155
ISBN-13: 9789086861941; 9789086867509
Subjects: Food; Precautionary principle; Food law and legislation; Safety regulations
Description: "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"--P. [4] of cover.
Notes: Includes bibliographical references (p. 145-154).
Table of contents: title: General introduction; title: From mutual recognition to mutual scientific opinion? Constitutional framework for risk analysis in EU food safety law; title: Science-based legislation? EU food law submitted to risk analysis; title: The impact of the definition of the precautionary principle in EU food law; title: Different actors, different factors? Science and other legitimate factors in EU and national food safety regulation; title: Conclusion.