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

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.