scholarly journals Evidence and Proportionality in Free Movement Cases: The Impact of the Scotch Whisky Case

2019 ◽  
Vol 11 (1) ◽  
pp. 109-130
Author(s):  
Oliver BARTLETT ◽  
Angus MACCULLOCH
Keyword(s):  
Public Health ◽  
Evidence Base ◽  
Free Movement ◽  
Supporting Evidence ◽  
National Courts ◽  
Proportionality Test ◽  
Health Objectives ◽  
The Impact ◽  
Scotch Whisky

Market interventions to protect public health are likely to be subject to EU law challenge as contrary to the rules on free movement. In the Scotch Whisky case the CJEU stressed the importance of defined public health objectives and supporting evidence in the analysis of whether interventions are justified as “appropriate” and “necessary”. This article considers the wider implications of this judgment for the application of the proportionality test in free movement cases and in the case of innovative interventions that are adopted on a complex evidence base. The article argues that the unusual development that Scotch Whisky made to the CJEU’s wider trend towards greater engagement with evidence should be treated with caution, and that it is possible for national courts to apply the new guidance on the role of evidence in the proportionality analysis with sensitivity. The article also argues that policymakers must now be more aware of how they frame innovative interventions and the evidence supporting them.

THE ALCOHOL (MINIMUM PRICING) (SCOTLAND) ACT 2012 AND THE COLLISION BETWEEN SINGLE-MARKET OBJECTIVES AND PUBLIC-INTEREST REQUIREMENTS

2017 ◽  
Vol 76 (01) ◽  
pp. 25-29
Author(s):  
Albertina Albors-Llorens
Keyword(s):  
Public Health ◽  
Public Interest ◽  
Free Movement ◽  
Member States ◽  
National Courts ◽  
Restrictive Measure ◽  
Proportionality Test ◽  
Difficult Times ◽  
Scotch Whisky ◽  
The Eu

THE recent and high-profile decisions of the Court of Justice (Case C-333/14, ECLI: EU:C:2015:845) and of the First Division of the Inner House of the Court of Session ([2016] CSIH 77) in The Scotch Whisky Association and Others v The Lord Advocate and The Advocate General for Scotland have shed further light both on the role of national courts in cases where Member States invoke the protection of public health to justify derogations from the TFEU provisions on the free movement of goods and on the application of the proportionality test. The model of free movement provided in the Treaty is not one that guarantees an entirely untrammelled freedom of trade across the EU or the automatic precedence of common-market objectives. While Article 34 TFEU provides for the removal of national obstacles of a non-fiscal nature, Article 36 TFEU allows Member States, in the absence of harmonisation, to argue a number of public-interest grounds to justify national measures that, in principle, contravene Article 34 TFEU. The protection of public health ranks very prominently in this list of interests. However, although it is for the Member States to decide the appropriate level of health protection that they wish to ensure (C-174/82, Sandoz [1983] E.C.R. 2445), the national action must be proportionate and national authorities must select the action that is the least restrictive of intra-Union trade (Case 40/82, Commission v UK [1984] E.C.R. 283). The outcome in The Scotch Whisky Association case has highlighted the difficulties involved in choosing among alternatives the least restrictive measure that would achieve the public-health objectives of the national legislation. Moreover, it has demonstrated clearly, in these difficult times for the EU, that EU law can be interpreted and applied to safeguard sensitive national policies.

scholarly journals 26.A. Workshop: Assessing the role of policies and actions to address childhood obesity

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
◽  
Keyword(s):  
Public Health ◽  
Childhood Obesity ◽  
Stakeholder Engagement ◽  
Special Focus ◽  
Policy Options ◽  
Sustainable Solutions ◽  
Relevant Evidence ◽  
Multi Stakeholder ◽  
The Impact

Abstract   Childhood obesity has grown to become one of the most dramatic features of the global obesity epidemic, with long-term consequences. The spread of obesity has been fueled by changes in social norms and living environments that have shaped individual behaviours making them conducive to excessive and imbalanced nutrition, sedentary lifestyles, and ultimately obesity and associated diseases. The STOP project will aim to generate scientifically sound, novel and policy-relevant evidence on the factors that have contributed to the spread of childhood obesity in European countries and on the effects of alternative technological and organisational solutions and policy options available to address the problem. STOP will translate the evidence gathered and generated into indicators and measurements, policy briefs and toolkits and multi-stakeholder frameworks. A special focus of STOP is understanding the stakeholders' networks and drivers of stakeholders' action. STOP will establish new ways for policy-relevant evidence to be generated, made available and used in the design and implementation of effective and sustainable solutions for childhood obesity at the EU, national and local levels. Each of the policy work packages will: Produce evidence syntheses and impact simulations for different policy approaches;Assess selected policy approaches and actions in children cohorts and other relevant settings;Devise policy toolkits and policy guidance to support the adoption and implementation of specific actions by relevant actors;Establish a country-based European accountability and monitoring framework in each policy area. The workshop aims to: Showcase the impact of different policy options evaluated throughout the STOP project;Increase participants' understanding and awareness of the opportunities and challenges associated with the implementation of selected policies;Increase awareness of public health professionals of the importance of overcoming siloes in identifying and implementing public health policies;Increase the understanding of multi-stakeholder engagement. The discussion will explore the role of stakeholders across different policy areas. We will explore the different definitions of “stakeholders” and “multi-stakeholders” engagement. This will also be an opportunity to explore some of the benefits, risks and challenges around stakeholder engagement, and explore what are the different types of stakeholders involved in these policies as well as their roles. The workshop will offer an opportunity to: Inform participants about existing physical activity, regulatory and fiscal policies to address childhood obesity;Inform participants about new, innovative EU-level projects that aim to address childhood obesity;Outline preliminary findings of the STOP project with regards to the effectiveness of the evaluated policies;Identify some of the gaps and limitations of existing policies and discuss some of the steps to ensure successful policy implementation. Key messages Present new evidence on what policy approaches work in addressing key determinants of childhood obesity. Showcase findings on the attitudes of different stakeholders towards obesity policies, and debate the benefits, risks and challenges of multi-stakeholder engagement.

scholarly journals Television and Fertility

2010 ◽  
pp. 67-82 ◽  
Author(s):  
Stuart Basten
Keyword(s):  
Public Health ◽  
Mass Media ◽  
Low Fertility ◽  
Future Research ◽  
Media Presentation ◽  
Sliding Scale ◽  
The Media ◽  
Television Plays ◽  
The Impact

Much research has been conducted in the field of utilising the media - television and radio in particular - to promote particular public health messages. However, a burgeoning canon has examined how mass media can play a role in affecting change in fertility preferences and outcomes. In this paper we review these researches which have primarily focussed upon higher fertility settings. The impact of mass media presentation of families and children in low fertility settings has not yet been subject to rigorous sociological investigation so its impact can not be accurately inferred. However, given the pervasive nature of mass media and celebrity culture, we suggest that this is an important avenue for future research. We conclude that television plays a multi-faceted role in shaping individuals decision-making procedures concerning both demographic events and public health interactions. To illustrate this, we present a model which demonstrates a sliding scale of intent - but not impact - of various genres in order to understand the actual role of the media in shaping attitudes towards family size - either explicitly in terms of edutainment or implicitly as a forms of normalization.

scholarly journals COVID-19 as an “Infodemic” in Public Health: Critical Role of the Social Media

2021 ◽  
Vol 9 ◽  
Author(s):  
Debanjan Banerjee ◽  
K. S. Meena
Keyword(s):  
Public Health ◽  
Social Media ◽  
Critical Role ◽  
Global Public Health ◽  
Sources Of Information ◽  
Multiple Sources ◽  
Health Crisis ◽  
Digital Platforms ◽  
The Impact

The Coronavirus disease 2019 (COVID-19) pandemic has emerged as a significant and global public health crisis. Besides the rising number of cases and fatalities, the outbreak has also affected economies, employment and policies alike. As billions are being isolated at their homes to contain the infection, the uncertainty gives rise to mass hysteria and panic. Amidst this, there has been a hidden epidemic of “information” that makes COVID-19 stand out as a “digital infodemic” from the earlier outbreaks. Repeated and detailed content about the virus, geographical statistics, and multiple sources of information can all lead to chronic stress and confusion at times of crisis. Added to this is the plethora of misinformation, rumor and conspiracy theories circulating every day. With increased digitalization, media penetration has increased with a more significant number of people aiding in the “information pollution.” In this article, we glance at the unique evolution of COVID-19 as an “infodemic” in the hands of social media and the impact it had on its spread and public reaction. We then look at the ways forward in which the role of social media (as well as other digital platforms) can be integrated into social and public health, for a better symbiosis, “digital balance” and pandemic preparedness for the ongoing crisis and the future.

Exploring the Role of Enforcement in Promoting Adherence with Protective Behaviours During COVID-19

2021 ◽  
Author(s):  
Freya Mills ◽  
Charles Symons ◽  
Holly Carter
Keyword(s):  
Public Health ◽  
Health Behaviours ◽  
Narrative Review ◽  
Public Health Emergencies ◽  
Search Terms ◽  
The Impact ◽  
Practical Implications ◽  
Specific Barriers ◽  
Protective Behaviours

Purpose: To explore the conditions under which enforcement likely is, or is not, an effective strategy to increase adherence to recommended protective behaviours during COVID-19. Design/Methodology/Approach: Relevant search terms were entered into three key databases (Google Scholar, medXriv, psyArXiv) to identify both peer-reviewed and pre-publication articles that reported empirical data relating to the impact of enforcement on adherence with recommended public health behaviours. Findings: Enforcement is less effective when: it is applied inconsistently; rules are ambiguous; behaviours are unobservable. Providing food and financial support, creating social norms and increasing trust are more effective in addressing specific barriers and fostering voluntary adherence. Where enforcement forms part of the strategy for policing COVID-19 regulations, rules must be clear and local responders must be given time and opportunity to plan their response as new rules are implemented. Research limitations/implications: This narrative review was limited to papers published in English and available either via the databases searched, or via reference searching; some relevant studies may therefore not have been identified. Practical implications: Findings inform an understanding of the impact of enforcement on adherence and facilitate the development of recommendations for increasing adherence to protective behaviours during COVID-19. Given the importance of public adherence, these recommendations are not only useful in the context of COVID-19 but also for future public health emergencies. Originality/value: This narrative review is the first to explore the circumstances under which enforcement can increase or reduce adherence with COVID-19 guidelines, generating recommendations for improved public adherence.

The moderating role of informal economy on financial development induced ekc hypothesis in turkey

2022 ◽  
pp. 0958305X2110707
Author(s):  
Baris Memduh Eren ◽  
Salih Katircioglu ◽  
Korhan K. Gokmenoglu
Keyword(s):  
Financial Development ◽  
Informal Economy ◽  
Structural Breaks ◽  
Energy Use ◽  
Well Being ◽  
Supporting Evidence ◽  
Interaction Variables ◽  
The Impact ◽  
Moderating Role

This study conducts an empirical investigation about the moderating role of the informal economy on Turkey's environmental performance by employing advanced econometric techniques that account numerous structural breaks in series. In this extent, we created three interaction variables by captivating the impact of informal economic activities on CO2 emissions through income, energy use, and financial sector development. Besides, we built a main effect model without the interaction variables to assess the direct effects of our variables on global environmental degradation. The outcomes of the carried analyses produced supporting evidence toward the confirmation of the Environmental Kuznets Curve (EKC) assumption. Obtained findings shown that energy use, financial development and the informal economy in Turkey transmit a deteriorating impact on environmental well-being. Furthermore, the moderating role of the informal economy was found to be statistically significant factor in terms of both economic and environmental efficiency.

s.Two Implementation and Accountability, 8 Justiciability of Human Rights for Health

2020 ◽  
Author(s):  
Flood Colleen M ◽  
Thomas Bryan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health And Human Rights ◽  
Proper Role ◽  
Health Related ◽  
State Obligations ◽  
The Right ◽  
The Impact

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.

Regulation

2020 ◽  
pp. 372-381
Author(s):  
Lawrence Gostin
Keyword(s):  
Public Health ◽  
International Law ◽  
Legal Change ◽  
The Face ◽  
Public Health Officials ◽  
The Law ◽  
The Impact

The objectives of this chapter are to help you understand: the impact of legislation, regulations, and litigation on the public’s health; the powers, duties, and restraints imposed by the law on public health officials; the potential of legal change to improve the public’s health; the role of international law and institutions in securing public health in the face of increasing globalization.

Last Rights? Funerals, Poverty and Social Exclusion

1998 ◽  
Vol 27 (4) ◽  
pp. 507-524 ◽  
Author(s):  
MARK DRAKEFORD
Keyword(s):  
Public Health ◽  
Social Security ◽  
Welfare State ◽  
Social Exclusion ◽  
Poor People ◽  
The Public ◽  
Current State ◽  
The Impact ◽  
The Welfare State

This article considers the current state of help with funeral expenses in Britain. It argues that assistance has been progressively and deliberately eroded to the point where the famous ‘from the cradle to the grave’ protection of the welfare state has been removed from increasing numbers of poor people. The article sets these developments within the context of the contemporary British funeral industry, with emphasis upon its treatment of less-well-off consumers. The changing nature of social security provision for funeral expenses is traced in detail, including the actions of the incoming 1997 Labour government. This article investigates the public health role of local authorities in the case of burials, concluding that such services are insufficiently robust to meet the new weight placed upon them. The article ends with a consideration of the impact which these different changes produce in the lives of individuals upon whom they have an effect.

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