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From mutual recognition to mutual scientific opinion? Constitutional framework for risk analysis in EU food safety law

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  • Szajkowska, Anna

Abstract

Regulation 178/2002 (the so-called General Food Law - GFL) codifies risk analysis as the core principle of the modern food safety policy. This article places the GFL in EU multi-level food safety governance and analyses the impact of risk analysis, the precautionary principle and mechanisms of scientific governance introduced by the GFL on both national and Community legislation. It discusses the case law of the European Courts dealing with scientific evidence and the precautionary principle applied to both European and national food safety measures. The article concludes with some observations on the role of the risk analysis methodology in the Community internal market.

Suggested Citation

  • Szajkowska, Anna, 2009. "From mutual recognition to mutual scientific opinion? Constitutional framework for risk analysis in EU food safety law," Food Policy, Elsevier, vol. 34(6), pages 529-538, December.
  • Handle: RePEc:eee:jfpoli:v:34:y:2009:i:6:p:529-538
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    References listed on IDEAS

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    1. Alberto Alemanno, 2007. "Trade in Food: Regulatory and Judicial Approaches in the EC and the WTO," Post-Print hal-00638647, HAL.
    2. Trygve Ugland & Frode Veggeland, 2006. "Experiments in Food Safety Policy Integration in the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 44, pages 607-624, September.
    3. Hood, Christopher & Rothstein, Henry & Baldwin, Robert, 2004. "The Government of Risk: Understanding Risk Regulation Regimes," OUP Catalogue, Oxford University Press, number 9780199270019.
    4. Christian Joerges, 2006. "Free Trade with Hazardous Products? The Emergence of Transnational Governance with Eroding State Government," EUI-LAW Working Papers 5, European University Institute (EUI), Department of Law.
    5. repec:bla:jcmkts:v:44:y:2006:i:3:p:607-624 is not listed on IDEAS
    6. Grace Skogstad, 2001. "The WTO and Food Safety Regulatory Policy Innovation in the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 39(3), pages 485-505, September.
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    Cited by:

    1. Gong, Binlei, 2018. "Interstate competition in agriculture: Cheer or fear? Evidence from the United States and China," Food Policy, Elsevier, vol. 81(C), pages 37-47.
    2. Pravst, Igor, 2011. "Risking public health by approving some health claims? – The case of phosphorus," Food Policy, Elsevier, vol. 36(5), pages 726-728.

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