This article aims at exploring the interactions that may arise from the European institutions' increasing reliance on ex ante evaluation mechanisms of proposed legislation, such as Impact Assessment (IA), and ex post judicial review of adopted legislation. IA, the privileged ex ante evaluation...

This article, by tackling one of the most controversial issues surrounding the functioning of the European Food Safety Authority (EFSA), explores whether its scientific opinions and other administrative acts may be challenged before the European courts. The issue as to whether Community courts...

In line with the principle of separation of powers, policy makers and courts have very different jobs. Yet, their respective inputs to the fabrics of government are not totally exclusive but complementary to one another: the output of the former's work, i.e. regulation, is subject to the...

On September 9, 2008, the European Court of Justice dismissed the appeals by two Italian companies – FIAMM Spa and Giorgio Fedon & Figli Spa – seeking compensation for damages suffered as a consequence of the US increased custom duties authorised by the WTO Dispute Settlement Body (DSB) in...

This paper analyses the role that scientific experts and, more in general, scientific expertise play within European risk governance. While the first part of the paper looks at the way in which scientific expertise is integrated in the decision-making process, the second part examines how...

The EFTA Court’s judgment in Philip Morris vs Norway, delivered on September 12, 2011, is one of the first decisions adopted by an international court upon the legality of an entire new generation of tobacco control measures, such as visual display bans at point of sale, with trade rules. As a...

Plain packaging, a new tobacco control tool that is currently being considered by a growing number of countries, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result, the only authorized feature remaining would be the use of brand name, which...

According to WHO data, NCDs account for nearly 86% of deaths and 77% of the disease burden in Europe. These alarming rates have led the European Union to progressively acknowledge the impact of NCDs on the EU’s economy and the well-being of its citizens. Thus, despite its limited competence in...

At a time in which an increasing number of countries attempt to reduce the attractiveness of the packaging of unhealthy products, such as tobacco and food, the EFTA Court was asked to determine the legality of a set of measures aimed at standardizing the visual imagery, packaging and appeal of...

Plain packaging of tobacco products is a new tobacco control tool which has been considered in recent times by several governments throughout the world. By standardizing the appearance of all cigarette boxes, plain packaging aims to make all packs look unattractive and render health warnings...