The Precautionary Principle in EU Risk Regulation

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Author :
Publisher : Anchor Academic Publishing (aap_verlag)
ISBN 13 : 3954897202
Total Pages : 84 pages
Book Rating : 4.9/5 (548 download)

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Book Synopsis The Precautionary Principle in EU Risk Regulation by : Barbara Berthoud

Download or read book The Precautionary Principle in EU Risk Regulation written by Barbara Berthoud and published by Anchor Academic Publishing (aap_verlag). This book was released on 2014-07-18 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: The precautionary principle provides a justification to act where scientific uncertainty about the nature and extent of detected indications of harm would otherwise possibly impede regulatory interventions. The highly controversial and often misunderstood principle plays a central role in European risk regulation. The present volume should allow readers to gain an overview of all essential points linked with the role of the principle in the risk regulation framework of the European Union. Based on an outline of the precautionary principle’s main characteristics and its conception by the European Commission, common allegations brought against the principle are illuminated and critically assessed. The second part of the book is then devoted to the actual implementation of the principle in the EU – from early applications to ongoing disputes. Three case studies from the agrochemical, pharmaceutical and food packaging sector reflect current applications as well as the relevant institutional and procedural framework. Insights from the theoretical part and the case studies are melted in the final discussion section that also includes recommendations for EU risk regulators.

Risk Analysis and Governance in EU Policy Making and Regulation

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Author :
Publisher : Springer
ISBN 13 : 331930822X
Total Pages : 298 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Risk Analysis and Governance in EU Policy Making and Regulation by : Bernardo Delogu

Download or read book Risk Analysis and Governance in EU Policy Making and Regulation written by Bernardo Delogu and published by Springer. This book was released on 2016-05-02 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an easy, but comprehensive and rigorous access to the main concepts, terminology, methods and procedures of risk analysis intended for all those involved in the EU policy and regulatory decision making on risks. It establishes a common ground of knowledge which enables a more informed dialogue on risks, a closer collaboration between decision makers and scientists and a better appraisal of the potential and limits of risk science. The book also brings together in an accessible way much multidisciplinary knowledge which had been dispersed over many technical documents and specialist books. The EU is in the front line of health, safety and environmental risk management. GMOs, food safety, hazardous chemicals, climate change, radiation hazards, are just a few of the popular risk issues addressed by the EU through policy and regulatory measures. The risk analysis paradigm, including risk assessment, management and communication has been at the core of the EU decision making for a long time already. EU Institutions strive for a science-based approach to risk management. Nevertheless, the dialogue and collaboration on risk issues between policy makers, stakeholders and scientists are still difficult and the potential and limits of science in support of decision making, as well as the basic concepts of risk analysis are not fully understood outside the narrow specialist circles.

Risk Regulation in Europe

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 1461419840
Total Pages : 113 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis Risk Regulation in Europe by : Jale Tosun

Download or read book Risk Regulation in Europe written by Jale Tosun and published by Springer Science & Business Media. This book was released on 2012-11-05 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication aims to familiarize students of public policy with the precautionary principle, which plays a vital role in the European Union’s approach toward regulating risks. The precautionary principle contends that policy makers should refrain from actions having a suspected risk of causing harm to the public and/or the environment. However, the precautionary principle only provides guidance to policy makers but does not prescribe specific policy responses. Therefore, there should be variation in the way the principle is applied. Furthermore, precautionary measures are, in principle, of a provisional nature, suggesting that they are likely to be subject to changes over time. This book is thus interested in shedding light on how the precautionary principle is put into practice and to what extent precautionary measures become modified. Empirically, it focuses on how the EU has regulated the use of growth hormones in meat production, the cultivation of genetically modified corn and the use of Stevia-based sweeteners in foods and beverages. The main theoretical argument advanced by this study is that the way in which the original regulatory standards were formulated affects whether and how they are changed. By placing particular emphasis on the relevance of scientific evidence for the (re-)definition of precautionary measures, the book is expected to appeal to both academics and practitioners.

Legal Risks in EU Law

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Author :
Publisher : Springer
ISBN 13 : 9783319285955
Total Pages : 0 pages
Book Rating : 4.2/5 (859 download)

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Book Synopsis Legal Risks in EU Law by : Emilia Mišćenić

Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2016-04-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

The Reality of Precaution

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Author :
Publisher : Routledge
ISBN 13 : 1933115866
Total Pages : 602 pages
Book Rating : 4.9/5 (331 download)

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Book Synopsis The Reality of Precaution by : Jonathan Baert Wiener

Download or read book The Reality of Precaution written by Jonathan Baert Wiener and published by Routledge. This book was released on 2011 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.

Regulating Risks in the European Union

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509912665
Total Pages : 293 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Regulating Risks in the European Union by : Maria Weimer

Download or read book Regulating Risks in the European Union written by Maria Weimer and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing body of EU law and regulation is preoccupied with the protection of EU citizens from health and environmental risks. Which chemicals are safe and should be allowed on the market? How should the EU respond to public health emergencies, such as Ebola and other infectious diseases? Regulatory responses to these questions confront deep uncertainty, limited knowledge and societal contestation. In a time where the use of scientific expertise in EU policy-making is particularly contested, this book offers a timely contribution to both the academic and policy debate on the role of specialised expertise in EU public decision-making on risk and technology as well as on its intertwinement with executive power. It draws on insights from law, governance, political sciences, and science and technology studies, bringing together leading scholars in this field. Contributions are drawn together by a shared theoretical perspective, namely by their use of co-production as an analytical lens to study the intricate interplay between techno-scientific expertise and EU executive power. By so doing, this collection produces highly original insights into the development of the EU administrative state, as well as into the role of regulatory science in its construction. This book will be useful to scholars, practitioners, and policy-makers working on risk regulation and the role of expertise in public decision-making.

Risk and EU law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783470941
Total Pages : 273 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Risk and EU law by : Hans-W. Micklitz

Download or read book Risk and EU law written by Hans-W. Micklitz and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk and EU Law considers the multiple reasons for the increase in the types and diversity of risks, as well as the potential magnitude of their undesirable effects. The book identifies such reasons as; the openness of liberal societies; market competition; the constant endeavour to innovate; as well as globalization and the impact of new technologies. It also explores topics surrounding the social epistemology of risk observation and management, the role of science in political and judicial decision-making and transnational risk regulation and contractual governance.

Risk Regulation in the United States and European Union

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Author :
Publisher : Springer
ISBN 13 : 0230109470
Total Pages : 220 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Risk Regulation in the United States and European Union by : A. Luedtke

Download or read book Risk Regulation in the United States and European Union written by A. Luedtke and published by Springer. This book was released on 2010-06-07 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization and technology have altered public fears and changed expectations of how government should make people safer. This book analyzes how Europeans and Americans perceive and regulate risk. The authors show how public fears about risk are filtered through political systems to pressure governments to insure against risk.

Legal Risks in EU Law

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Author :
Publisher : Springer
ISBN 13 : 3319285963
Total Pages : 270 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Legal Risks in EU Law by : Emilia Mišćenić

Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2016-04-13 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

Risk Regulation in the Internal Market

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191047198
Total Pages : 360 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Risk Regulation in the Internal Market by : Maria Weimer

Download or read book Risk Regulation in the Internal Market written by Maria Weimer and published by Oxford University Press. This book was released on 2019-03-14 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.

The Brussels Effect

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Publisher : Oxford University Press
ISBN 13 : 0190088605
Total Pages : 368 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Brussels Effect by : Anu Bradford

Download or read book The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

Balancing between Trade and Risk

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Author :
Publisher : Routledge
ISBN 13 : 1136272569
Total Pages : 298 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Balancing between Trade and Risk by : Marjolein B. A. van Asselt

Download or read book Balancing between Trade and Risk written by Marjolein B. A. van Asselt and published by Routledge. This book was released on 2013-03-05 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trade aspects of risk and the risk aspects of trade deserve more systematic and genuine interdisciplinary attention if we are to really understand the global, international and supranational dimensions of risk regulation. This book brings together legal and social science research on risk regulation from across the world to explore risk regulation in a trade context. The interdisciplinary collaboration provided in this book is needed to address the trade versus risk balancing act both in empirical and theoretical terms. Although it is obvious that legal, social, cultural and political matters interfere with risk regulation, analyses in which these interferences are adequately considered are lacking. In one way or another, all chapters in this book address the issue of scientific uncertainty, the governance arrangements around expertise or both. Issues such as transparency, trust, legitimacy and precaution also become particularly important given the political, multi-actor and multi-level governance characteristics of the balancing act between trade and risk regulation. This book highlights and examines these concerns, going on to provide a critical assessment of the EU regulation of trade and risk both from external and internal perspectives. This book’s exploration of the balancing act between trade and risk regulation will be increasingly important to students of law and social sciences as they move to a shared, interdisciplinary understanding.

Risk Regulation in Non-Animal Food Imports

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Author :
Publisher : Springer
ISBN 13 : 3319140140
Total Pages : 109 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Risk Regulation in Non-Animal Food Imports by : Francesco Montanari

Download or read book Risk Regulation in Non-Animal Food Imports written by Francesco Montanari and published by Springer. This book was released on 2015-01-23 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief aims at providing a general understanding of the rationale – scientific as well as political – behind EU policy and related risk management decisions in the area on non-animal food imports. Lately, various menaces associated with imported food and feed of non-animal origin appeared in the media: imported sprout seeds contaminated with E. coli, strawberries containing hepatitis A or noro viruses, to name but a few, are now as much discussed as the different well-known meat scandals. The authors explain the reinforced official controls at EU borders on certain imports of non-animal origin and the wide range of EU measures that currently foresee trade restrictions for imports presenting chemical and non-chemical ‘high risks’ from a public health perspective (so-called ‘emergency measures’). The Brief closely examines chemical (and also non-chemical) risks associated with imports of non-animal origin and their impact on human health. The authors also consider the role risk analysis is playing to underpin risk-management decisions at EU level, including the scientific output by the European Food Safety Authority (EFSA).

The New Politics of Risk Regulation in Europe

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Author :
Publisher :
ISBN 13 : 9780753015469
Total Pages : 25 pages
Book Rating : 4.0/5 (154 download)

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Book Synopsis The New Politics of Risk Regulation in Europe by : David Vogel

Download or read book The New Politics of Risk Regulation in Europe written by David Vogel and published by . This book was released on 2001 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics of Precaution

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Author :
Publisher : Princeton University Press
ISBN 13 : 1400842565
Total Pages : 332 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Politics of Precaution by : David Vogel

Download or read book The Politics of Precaution written by David Vogel and published by Princeton University Press. This book was released on 2012-04-29 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Precaution examines the politics of consumer and environmental risk regulation in the United States and Europe over the last five decades, explaining why America and Europe have often regulated a wide range of similar risks differently. It finds that between 1960 and 1990, American health, safety, and environmental regulations were more stringent, risk averse, comprehensive, and innovative than those adopted in Europe. But since around 1990, the book shows, global regulatory leadership has shifted to Europe. What explains this striking reversal? David Vogel takes an in-depth, comparative look at European and American policies toward a range of consumer and environmental risks, including vehicle air pollution, ozone depletion, climate change, beef and milk hormones, genetically modified agriculture, antibiotics in animal feed, pesticides, cosmetic safety, and hazardous substances in electronic products. He traces how concerns over such risks--and pressure on political leaders to do something about them--have risen among the European public but declined among Americans. Vogel explores how policymakers in Europe have grown supportive of more stringent regulations while those in the United States have become sharply polarized along partisan lines. And as European policymakers have grown more willing to regulate risks on precautionary grounds, increasingly skeptical American policymakers have called for higher levels of scientific certainty before imposing additional regulatory controls on business.

Risk Regulation in the European Union

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Author :
Publisher :
ISBN 13 : 9789290840008
Total Pages : 189 pages
Book Rating : 4.8/5 (4 download)

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Book Synopsis Risk Regulation in the European Union by : Giandomenico Majone

Download or read book Risk Regulation in the European Union written by Giandomenico Majone and published by . This book was released on 2003 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ships Passing in the Night

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Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Ships Passing in the Night by : David Vogel

Download or read book Ships Passing in the Night written by David Vogel and published by . This book was released on 2001 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: