class materials
I’m sending the next set of class materials to the distribution center this afternoon so they should be available by the end of the afternoon today. In this set of materials I’m trying to cover a number of different issues using the organising principle of focusing on food regulation.
1. First, there are two cases arising out of the BSE crisis which illustrate (a) enforcement proceedings (Art. 226) and (b) challenges to acts of the EU institutions (Art. 230).
2. In addition these cases and the brief introduction allow us to begin to think about how EU law works to ensure the free movement of goods through a combination of restrictions on the Member States setting up barriers to free movement (negative integration) and the EU’s harmonised procedures and rules (positive integration).
3. Then there are some materials on the food supplements directive. Again there are free movement of goods issues. There are also nice examples of the EU leislative process and legislation, of a Member State’s implementing regulations, and of the process whereby a trade association challenges the EU’s rules via a challenge to the implementing regulations. This process illustrates a decision by a national court to make a reference under Art. 234, the Advocate General’s opinion (non-binding on the ECJ), and the ECJ’s response to the preliminary reference.