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Regulating Risks in the European Union

Regulating Risks in the European Union
Author: Maria Weimer
Publisher: Bloomsbury Publishing
Total Pages: 293
Release: 2017-10-05
Genre: Law
ISBN: 1509912665

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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 Regulation in Europe

Risk Regulation in Europe
Author: Jale Tosun
Publisher: Springer Science & Business Media
Total Pages: 113
Release: 2012-11-05
Genre: Political Science
ISBN: 1461419840

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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.


Risk Regulation in the United States and European Union

Risk Regulation in the United States and European Union
Author: A. Luedtke
Publisher: Springer
Total Pages: 220
Release: 2010-06-07
Genre: Business & Economics
ISBN: 0230109470

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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.


The Precautionary Principle in EU Risk Regulation

The Precautionary Principle in EU Risk Regulation
Author: Barbara Berthoud
Publisher: Anchor Academic Publishing (aap_verlag)
Total Pages: 84
Release: 2014-07-18
Genre: Political Science
ISBN: 3954897202

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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 Regulation in the Internal Market

Risk Regulation in the Internal Market
Author: Maria Weimer
Publisher: Oxford University Press
Total Pages: 360
Release: 2019-03-14
Genre: Law
ISBN: 0191047198

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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 Reality of Precaution

The Reality of Precaution
Author: James Hammit
Publisher: Routledge
Total Pages: 602
Release: 2013-05-13
Genre: Law
ISBN: 1136522557

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The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.


Legal Risks in EU Law

Legal Risks in EU Law
Author: Emilia Mišćenić
Publisher: Springer
Total Pages: 270
Release: 2016-04-13
Genre: Law
ISBN: 3319285963

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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.


Better Regulation Practices across the European Union

Better Regulation Practices across the European Union
Author: OECD
Publisher: OECD Publishing
Total Pages: 199
Release: 2019-03-19
Genre:
ISBN: 9264311734

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Laws and regulations affect the daily lives of businesses and citizens. High-quality laws promote national welfare and growth, while badly designed laws hinder growth, harm the environment and put the health of citizens at risk. This report analyses practices to improve the quality of laws ...


Uncertain Risks Regulated

Uncertain Risks Regulated
Author: Ellen Vos
Publisher: Routledge
Total Pages: 553
Release: 2009-01-26
Genre: Law
ISBN: 1135391521

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Uncertain Risks Regulated compares various models of risk regulation in order to understand how these systems shape the relationship between law and science, and how they attempt to overcome public distrust in science-based decision-making. The book contributes to the ongoing debate relating to uncertainty and risks - and the difficulties faced by the European Union in particular - in regulating theses issues, taking account of both national and international constraints. The term 'uncertain risk' is comparable with notions of hazard and indeterminate risk, as deployed within the social sciences; but it also aims to capture the modern regulatory reality that a non-quantifiable hazard must still be addressed by society, law and its regulators. Decisions must be taken in the face of uncertainty. And, whilst it is not possible to provide clear cut models of risk regulation, in focusing on regulatory practices at a national, EU and international level, the contributors to this volume aim to use fact finding as a core instrument of learning for risk regulation.