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Vol 21 No 10 Oct/Nov 2016

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Institutional Frameworks of Community Health and Safety Regulation

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Ellen VosMarie Curie Fellow of ZERP [Centre of European Law and Politics], University of Bremen, Germany

ISBN13: 9781901362749
ISBN: 1901362744
Published: October 1998
Publisher: Hart Publishing
Format: Hardback
Price: £72.00



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This text analyzes the emergence of European Community product safety regulation, which is explained as a reaction both to spill-over effects of the internal market policy, and to growing societal concerns regarding health and safety regulation. Due to factors such as mutual distrust between the Member States, the ""post-Maastricht"" Community is increasingly required to play a direct role in health and safety regulation. This has confronted the Community with regulatory problems relating to the assessment and management of risks.;This book seeks to identify the principles of the resulting Community approach to risk regulation. It first elaborates on the fundamental European Union law concepts of competence, institutional balance, subsidiarity, and delegation of powers in relation to health and safety. These legal concepts are then used to appraise the legality and the legitimacy of the three basic regulatory patterns typical of the Community approach to science-based decision-making: resorting to committees (in the food sector), to agencies (pharmaceuticals), and to private bodies (standardization).;The book concludes that Community risk regulation is pragmatic but lacks a coherent regulatory model. However, events following the BSE crisis suggest the Community may be taking the first tentative steps toward developing a general concept of risk regulation.

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Contents:
Introduction: regulating risk; dealing with risk under community law; regulatory models - committees, agencies and private bodies.
Part 1 The community's involvement in health and safety regulations: the emergence of community health and safety regulation; community competence and its legal basis; concurrent powers between the community and the member states.
Part 2 Deepening of community health and safety regulation: deepening of community involvement in health and safety regulation - towards community implementation; the relationship between community legislation and implementation; the implications of the principles of subsidiarity and proportionality for the deepening of community activities in health and safety regulation; the institutional balance of powers; difficulties flowing from the increasing reliance on the commission in health and safety regulation.
Part 3 Health and safety regulation through committees - the case of foodstuffs: the rise of committees within the community's institutional structure; the competence of the community to create committees; committees and the institutional balance of powers; health and safety regulation through committees - the case of foodstuffs.
Part 4 Health and safety regulation through agencies - the case of pharmaceuticals: the rise of agencies within the community's institutional structure; the competence to establish agencies under the treaty provisions; health and safety regulation through agencies - the case of pharmaceuticals; delegation of powers to the European standardisation bodies?; legitimacy of decision-making and standard-setting.
Part 5 Health and safety regulation through private bodies - the case of technical product standards: health and safety regulation through private bodies - the case of technical product standards. Conclusion; community health and safety regulation through committees, agencies and private bodies; in search of legitimate community health and safety regulation; towards a theoretical conceptualisation of community risk regulation.