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While the entry of science into the courtroom is not an entirely new phenomenon, the integration of scientific knowledge into the international courts legal environment is a more recent one. Today not only the outcomes of criminal, paternity and civil liability cases may turn on scientific...
Persistent link: https://www.econbiz.de/10014199689
This paper provides a timely analysis on how Europe addresses the growing concerns about import safety and security of both food and consumer products. In so doing, it examines the European product safety framework as it applies to both domestic and imported products as well as the existing...
Persistent link: https://www.econbiz.de/10014204061
Although not originally foreseen in the founding Treaty, today the most important and widespread form of EU regulation in the internal market is concerned with the government of risk. Indeed, similarly to what occurred in the United States in the 1960s and 1970s, the EU has in recent times...
Persistent link: https://www.econbiz.de/10014211492
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...
Persistent link: https://www.econbiz.de/10014212680
While most academic attention is currently being paid to the goals and to the merits of the Better Regulation initiative (BR), this article examines the most immediate legal implications stemming from reliance on the main tools of BR (such as systematic impact analysis and consultation...
Persistent link: https://www.econbiz.de/10014213132
This chapter examines the (non) role that private business operators play in the implementation of WTO Dispute Settlement Reports. More precisely, by analysing the legal status of these decisions in national and regional law, it looks at what individuals are entitled to obtain when a WTO Member...
Persistent link: https://www.econbiz.de/10014220154
The establishment of the much-awaited European Food Safety Authority is the most prominent innovation introduced by the recently reformed European regulation of food. Yet, the Authority merely represents one of the components of an entirely new strategy adopted by the European Union in relation...
Persistent link: https://www.econbiz.de/10014220156
The aim of this study is to illustrate the role played by EC Courts in shaping the controversial precautionary principle which allows the adoption of protective measures in situations of scientific uncertainty. Called upon reviewing the legality of national and Community measures inspired by a...
Persistent link: https://www.econbiz.de/10014224866
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...
Persistent link: https://www.econbiz.de/10014224869
This article provides the first systematic analysis of the emergence of an embryonic EU lifestyle policy. Despite its limited competence in public health, the European Union has progressively recognized the impact of Non-Communicable Diseases – as prompted by the leading risk factors, such as...
Persistent link: https://www.econbiz.de/10014150500