EU Law Blog

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.

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We will begin with the questions we ended with today: should the EU harmonise contract law, property law, family law, criminal law, business organisation law etc? I tried to suggest that one alternative might be to try to make sure everyone could tell what the rules are in different jurisidctions and allow them to decide which rules they want to be subject to. Cf. the argument that in the US the states should be seen as little laboratories of democracy. Academics often like this sort of argument.

We will then move on to consider the core concepts of Community law, so you should read through to page 60. We’ll be starting another packet of materials soon.

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Next week we will finish up talking about the “deepening” of the EU over time (pp 66-67). Then we will go back to p. 9 and move forward. You don’t need to study Art. 95 in detail but I would like you to read the excerpts from the unfair commercial practices directive on pp11-12 carefully - we’ll discuss the terms in bold. Before looking at the institutions we will discuss the material on pp 11-18. This may take some time - the excerpts from the food supplements directive case are our first opportunity to look at a decision of the ECJ. Do ask if you have questions.

For Thursday next week please read pp 19-38.

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