The Shaping of European Risk Regulation by Community Courts

Alberto Alemanno

No 18, Jean Monnet Working Papers from Jean Monnet Chair

Abstract: Abstract: Although not originally foreseen in the founding Treaty, today the most important and widespread form of EU regulation in the internal market is concerned with the government of risk. Indeed, similarly to what occurred in the United States in the 1960s and 1970s, the EU has in recent times witnessed the enactment of a vast body of legislation to protect the environment as well as individuals’ health and safety. Collectively, this large body of legislation is known as ‘risk regulation’. Contrary to conventional wisdom, this phenomenon is not the product of legislative interventions tout court but the result of a rich and informed case-law developed by EU courts in recent years. By systematising this growing case-law, this essay aims at identifying the main distinctive attributes of the emerging European risk regulatory model.

Keywords: European law; risk regulation; judicial review; Europeanization; multilevel governance; free movement; harmonisation; standardisation; soft law; BSE crisis; health policy; new technologies; European Agencies; European Food Agency; European Food Agency; European Court of Justice; European Court of Justice; Court of First Instance; Court of First Instance; court politics; negative integration; positive integration (search for similar items in EconPapers)
Date: 2008-12-23
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