Regulating food law : risk analysis and the precautionary principle as general principles of EU food law
2012
Szajkowska, A.
In food law scientific evidence occupies a central position. This study offers a legal insight into risk analysis and the precautionary principle, positioned in the EU as general principles applicable to all food safety measures, both national and EU. It develops a new method of looking at these principles as a comprehensive methodology for making food laws in the EU, embedded in the EU rules relating to the internal market, as well as the international trade regime established by the WTO. The research focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle in this context and clarified its scope of application. The level of regulatory autonomy allocated to EU and national decision-makers shows that the extent to which they can refer to non-scientific factors, such as consumer risk perceptions, local traditions or ethical considerations, is much more limited at national level than at EU level, which raises questions about the legitimacy of food safety governance in the EU.
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