Effective Governance Designs of Food Safety Regulation in the EU

2021 ◽  
Author(s):  
Giulia Bazzan
2017 ◽  
Vol 8 (3) ◽  
pp. 565-572
Author(s):  
Giulia BAZZAN

AbstractThis article seeks to make a contribution to the food safety regulation literature, and to the broader framework of risk regulation, in the attempt to establish both theoretically and empirically what can be intended as effective governance of food safety regulation. The aim is to review existing measures of effectiveness of food safety governance, and to give a preliminary definition of effectiveness, together with a theoretical perspective on how to operationalise it, eventually proposing an empirical measurement. Effectiveness of food safety governance can be measured – on the one hand – as the capacity of consumers’ protection, and thus, as the minimisation of risk related to food, and – on the other hand – as the capacity of protection of producers’ interests, in order to ensure competitiveness within the market. Distinguishing food safety delivered from food safety perceived, the article seeks to analyse dimensions of effectiveness related to both the protection of consumers and producers, and to the minimisation of risk, drawing upon Elinor Ostrom’s Institutional Analysis and Development Framework (IAD) and, particularly, her conceptualisation of opportunistic behaviour.


2011 ◽  
Vol 2 (4) ◽  
pp. 523-539 ◽  
Author(s):  
Anna Szajkowska

According to the principle of risk analysis established by Regulation 178/2002, food safety measures in the EU and Member States must be based on scientific risk assessment. Apart from science, however, decision makers should take into account other legitimate factors, such as societal, ethical or traditional concerns. The extent to which risk managers can deviate from scientific evaluations in considering these factors depends on how much discretion is conferred on public authorities. This article compares the discretion at both national and Union levels of food safety regulation in the context of the internal market mechanism by analysing the standard review applied to food safety measures by the European judiciary.


2012 ◽  
Vol 3 (3) ◽  
pp. 313-325 ◽  
Author(s):  
Jaap C. Hanekamp ◽  
Jan Kwakman ◽  
Roel Pieterman ◽  
Paolo F. Ricci

Responding to public fears and the loss of confidence in the aftermath of several food safety crises in the 1990s and 2000s, more and more regulatory laws have increasingly been affected by the precautionary principle. To clarify how those developments can have adverse consequences, we discuss two very different cases. First, at the molecular level we discuss the problems the system encounters by strictly applying the linear no-threshold (LNT) at low doses model, which was adopted in response to fears about the effects of ionizing radiations. Second, at a global scale, we discuss the problems associated with the precautionary regulation on Illegal, Unreported and Unregistered Fisheries that came into effect January 1, 2010. The technical aspects of food safety testing and their impacts are perhaps unknown to policy makers but they do dominate safety decisions. Both examples show that strict application of the precautionary principle produce deleterious side effects, which go against the very policy values that the precautionary regulation should protect. We show, in particular, that overly precautionary food safety regulation may harm food security. We conclude in the EU and other Western nations, problems of food security are much more relevant to human health and life expectancy than food safety. We recommend that current food safety regulation based on the precautionary risk-regulation reflex should normatively be re-evaluated with a complete regard for the values of food security – both within and outside the EU.


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