When can the European Union restrict trade on grounds of public health?

Abstract

The reaction in Britain to the European Union ban on the world-wide export of British beef has highlighted a lack of awareness of the role of European law in restricting trade on grounds of public health. This paper seeks to bring the legal arguments underlying such action to a wider public health audience by exploring the basis for such action in general and for the ban on British beef in particular. In European law, the obstruction of intra-community trade on grounds of public health is extremely limited although, in the case of British beef, there seems little doubt that it is lawful. In contrast, the stated basis for the ban to other countries is more questionable, although it may be acceptable to the European Court because of the objectives it seeks to achieve.