Abstract

This contribution lays bare the structure of EU food law as it appears from scholarly analysis at Wageningen University in the Netherlands. The structure of EU food law can be used as a framework for teaching, application, further analysis and comparison to food law approaches in other parts of the world. From this analysis, food law emerges as a functional area of law. Core elements are: (1) the objectives of EU food law to protect consumers’ interests; (2) the principles of risk analysis and precaution; (3) obligations on businesses regarding the products they place on the market, the processes they apply and their communication towards consumers; and (4) public powers of law enforcement and incident management.

Highlights

  • Systematisation is not limited to education: “all other actors in the legal system receive their training from the scholars who transmit to them a comprehensive and highly-ordered model of the system that to a great extent controls how they organise their knowledge, pose their questions and communicate with each other

  • Almost immediately legislation started to develop addressing food as a commodity in its own right.9. This legislation originated from the directorate general (DG) responsible for agriculture, but eventually emphasis shifted to the DGs responsible for industry, enterprises and the internal market

  • That is to say that I have been looking for the system behind the law and have taken this system as a structure for presenting the subject matter

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Summary

In Search of Structure

The objective of this article is to provide the readers with the “big picture” of EU food law in the form of a structured representation. Systematisation is not limited to education: “all other actors in the legal system receive their training from the scholars who transmit to them a comprehensive and highly-ordered model of the system that to a great extent controls how they organise their knowledge, pose their questions and communicate with each other. This model is taught in the universities but constitutes the latent framework of the treatises and articles produced by the professors. Our current understanding of the structure of EU food law is presented in graphic form and is further elaborated in the remainder of this article

Structure
The ABC of EU Food Law
Overview
Introduction
Creating an Internal Market for Food in Europe
Advancement through Case Law
Breakdown
The White Paper: A New Vision on Food Law
EU Food Law in the 21st Century
General Concepts and Principles
Objectives
Principles
Product-Focused Provisions
Product Standards
Market Access Requirements
Food Safety Targets
Process-Focused Provisions
Processing
Labelling
Nutrition and Health Claims
Protected Designations
Member States
Food and Veterinary Office
Incident Management
Communication
Role Businesses
National Authorities
European Commission
Liability and Consumers Rights
10. Science-Based Food Law
11. Conclusions and Discussion
Constitutional Framework
EU Legislation
Comitology
Agencies
Court of Justice
Findings
Human Rights Dimension
Full Text
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