Food, gastronomy & more in Europe

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This presentation offers a critical overview of the role played by quality considerations in rich the case law of the European Court of Justice devoted to food and alcohol products.
It was delivered at meeting of the 'Amicale des Referendaires' (EU Clerks Association) that took place in Luxembourg oduring the celebrations of the 60 years of the European Court of Justice and in the framework of the conference "Striking Balances".

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Food, gastronomy & more in Europe

  1. 1. Gastronomy in the case law of the EU Courts Alberto Alemanno - HEC Paris
  2. 2. • search
  3. 3. fortuitous
  4. 4. embedded
  5. 5. <safety as a sine qua non for the functioning of the internal market>
  6. 6. necessary
  7. 7. EU’s aim is ….« well-being of its people »
  8. 8. shared
  9. 9. shared (twice)
  10. 10. contentious
  11. 11. experts vs layman advice regulatory humilty vs command&controltechnocracy vs deliberate democracy real risks vs perceived risks human BCA vs CBA harm vs risk paternalism vs ‘nudges’
  12. 12. ongoing
  13. 13. as all of this is very well known
  14. 14. in the case law
  15. 15. Quid
  16. 16. γαστήρ"stomach"
  17. 17. νόμος"laws that govern"
  18. 18. how much of that in •?
  19. 19. prima facie
  20. 20. Ceci n’est pas de la gastronomie
  21. 21. The Classics
  22. 22. acting against commonly-accepted principles of gastronomy in defense of a vision of food that seem to deny the existence of notions of quality,wholesomeness and origin of food products
  23. 23. yet
  24. 24. ready to engage with
  25. 25. « the EU displays a general tendency to enhance the quality of products within the framework of the common agricultural policy in order to promotethe reputation of those products through, inter alia, the use of GIs »
  26. 26. chers collègues,ask your wives whether feta is generic or not
  27. 27. What about qualityconsiderations outside of GIs?
  28. 28. Alpha Trophos
  29. 29. Kakavetsos-Fragkopoulos
  30. 30. “A restrictive national measure may not be justified solely on the purported quality of a product unless that products has a PDO”
  31. 31. overalllimited role for gastronomy, and
  32. 32. gastronomy as such is even under threat
  33. 33. Market liberalisation efforts provide economic prosperity, and
  34. 34. life expectancy
  35. 35. technological progress
  36. 36. low food prices
  37. 37. not
  38. 38. greater consumption.
  39. 39. < lifestyle risk factors > leading causes of NCDs
  40. 40. NCDs, like heart attacks and strokes, cancers, diabetes and chronic respiratory diseaseaccount for over 63% of deaths in the world today
  41. 41. Recognition of health impactof risk factors on EU health as social and health determinants in the EU
  42. 42. Historically the EU has been regulatingas goods that had to circulate freely
  43. 43. now increasingly interested in reducing their consumption
  44. 44. To what extent the EUmay develop a lifestyle (health) policy?
  45. 45. health claims
  46. 46. food reformulation
  47. 47. not only legally controversial
  48. 48. legitimacyGenerally dismissed as nannying (paternalism)
  49. 49. effectivenessTo what extent lifestyle policy interventions work?
  50. 50. design How to realistically expect that regulationmay require people to, or not to eat, certain foods and to do exercise
  51. 51. At a time in which international community legitimised regulatory action vis-à-vislifestyle choices, EU and MS countries are experimenting new forms of interventions
  52. 52. ‘Libertarianpaternalism’
  53. 53. plain packaging
  54. 54. HOW THEY WILL SCORE UNDER EU LAW?
  55. 55. What will be left for ?
  56. 56. As usual, the final word will belong to

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