Samenvatting
Summary lectures Health Food Scientific and Regulatory Environment HFV2001
Overview of all lectures.
[Meer zien]Voorbeeld 4 van de 38 pagina's
Voorbeeld 4 van de 38 pagina's
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Voorbeeld van de inhoud
Lecture 1: European lawLaw = a system of rules laid down by a body or person with the power or authority to make law.
(Democratic power but can be different in dictatures). Social rules of what is appropriate is not a law.
- Law confers rights and obligations, and provides rules on how to enforce them (police can
enforce them, but also ministries, etc.)
- Law requires power/authority
- National law, European law, international law
Public law vs. civil or private law
Public = dealing with state and local government and relationships between state and individual. This
will be seen in this course.
- Constitutional law
- Administrative e law
- Tax law
- Criminal law
Private law = dealing with legal relationships between individuals
- Contract law
- Consumer law (bought a laptop and stopped working etc.)
- Family law
- Tort law (the law that regulates damaged you caused to somebody unintentionally)
Substantive law = lays down rules (e.g. prohibition to kill someone)
Constitutional law = tells you how to enforce / get your rights (e.g. which evidence can be taken into
account in the trial)
Food law is horizontal
- Constitutional
- Administrative
- Criminal
- Private
- Etc.
Legal skills 1: the hierarchy of law
Helps in situations where you have two conflicting laws/rules, some laws are more important than
others.
- Constitution (highest ranking law in a state), example is grondwet. Constitution laws almost
overwin every other law.
- Legislation (laws and regulations), difference between who makes the law; legislative (e.g.
parliament) or executive side (e.g. government) of the state structure
- Case law of courts in form of decisions (disputed, depending on legal system). We are used
that the court enforces law. However, in other countries (such as UK) the judges can
interpret laws.
Legal skills 2: arguing like lawyer
- Legal judgements result from the application of rules to facts.
1
, - Rules are, at their most basic level, if-then conditionals. If certain elements are fulfilled by
the facts of the case, then the legal consequences, prescribed by the rule, apply.
o Subsumption: peter has committed theft, he comes into your lawyer office) The
following steps are taken.
▪ Formulate precisely which question about the case you want to answer (e.g.
what is the penalty?)
▪ Find a rule with a legal consequence that answer this question (e.g. if
someone committed theft, this person can be jailed for max. 3 years).
▪ Identify the conditions of this rule. Carefully check, one by one, whether the
facts of the case match the conditions of the rule.
• No match: there is another rule applicable, no conclusion go back to
step 2.
• Match
▪ Find a definition of theft. Find more definitions. Find details and find
exceptions.
Legal skills 3: interpretation
- Literal interpretation: what does the term ordinarily mean? (dictionary)
- Systematic interpretation what tis the context with other legal provisions? (ebike is a good so
a bike probably is as well)
- Historical interpretations: how did the rule develop
- Teleological interpretation: what is the purpose of the rule?
IRAC method
1. Issue – distilling the legal issue from the facts
2. Rules – which rule(s) are applicable? Identify relevant legal sources
3. Application – watch out for similar and different cases
4. Conclusion
History of the EU
Post WW2 challenges:
- How to prevent the resurrection of a national military and industrial complex in Germany?
- How to stabilise and strengthen the economy?
- We can’t continue like this with all the war. So there should be a close network (integration)
with European states because then they are less likely to go in war with each other.
Creation of ECSC in 1951 (Paris), EEC and Euratom in 1957 (Rome).
Today: 27 member states, 446 million inhabitants.
We have an internal market, free movements of goods and people.
There are 7 EU institutions
1. European council
o Heads of state and government, president and president of commission.
o Task: provide the union with the necessary impetus for its development and shall
define the general political guidelines and future of EU.
o Meets 4 times a year (European summit)
o Headed by a council president.
2
, ▪ President elected for 2,5 y. Chairs the European council, prepares meetings,
report to EP on meetings European council. External representation CFSP
(together with HR for CFSP).
▪ Can be dismissed by European Council in case of impediment or serious
misconduct.
2. Council (of ministers)
o Ministers from each MS according to policy sectors (ten configurations). So for
instance if there is something about agriculture, all MS agriculture ministries go to
the council.
o Legislative powers: adopts legislation in most areas of EU policy
o Rotating presidency (presidency is always a member state, now Slovenia is president)
o Coordinates general economic policies of MS → forum within which MS can consult
each other and coordinate behaviour
o MS have to agree before something becomes a law. The MS are involved in the
process of legalisation in EU.
3. European parliament
o Power is more limited than national parliament
o Composition:
▪ 705 members (MEPs) (after Brexit). Every MS has seats in the parliament
according to the size of the country. The Dutch members there are not there
for the Dutch national rights, they are also not sitting together (democrats,
liberates etc. are sitting together).
▪ Directly elected
▪ Certain number of seats per member states
o Powers legislative powers
o Control over executive
o Budgetary powers
4. European commission
o Commissioners chosen for their general competence. They propose legislation but
will not adopt it.
o One commissioner per MS; one president for 5 y
▪ Not their for MS, they are there for whole EU
o Must be completely independent in the performance of their duties
o Power of legislative initiative
o Guardian of the treaties = checks is the MS are following the EU law. They can bring a
MS to court if they are not following the laws.
5. European court of justice
o Court of justice = court of justice + general court
▪ Court of justice; ensure that eu law is applied in the same way through whole
EU. Member states can also ask questions.
▪ It’s there for enhancing effectiveness of the Eu law.
▪ Promoting European economic integration
▪ Protecting fundamental rights
o One judge per memberstate
OTHER INSTIUTIONS AND BODIES
6. European central bank
7. European court of auditors
8. EFSA
9. And more
3
, Introduction to EU law
EU = independent legal order. New legal system between national and international law
(supranational). The EU can take decisions that one MS does not agree with. The EU law will be
ranked above national law, it is higher in the hierarchy. This is historically new and a specific
characteristics of the EU which distinguished from other institutions.
Legally effective:
- For states
- Among EU institutions
- For individuals towards (EU/MS) direct effect
- Even exceptionally among individuals (non discrimination free movement workers)
- Effective legal protection national courts /ECJ
- But less complete than national law
Supranational = not national and also not international law. It means that the EU acts because the
MS has given it certain competences to act (with regards to food law, it was the decision of the MS to
give the EU the power to legislate on food, this legal basis is written down in the treaties).
- MS delegate certain competences to the common legal constitutional system of the Union
- Which is composed of independent legal institutions (commission is completely independent
of the MS and is acting in the interest of the EU and not of MS, so it is independent)
- Which implement and apply EU law uniformly trough all its member states and
- Whose laws and legal principles take primacy over the national law (has to do with hierarchy
of law) and
- Which are protected by effective legal system (court)
Legal sources; EU law
- The treaties (+ charter and general principles): the treaty on the EU and the treaty on the
function of European union (TFEU). It states that EU can make laws on certain matters
- Secondary legislation published in official journal (parliament and council adopt legislation,
this is secondary)
- Case law of the EU court of justice and the general court (they adopt case law, which is a
source of law in EU)
Je kan legislation vinden in de links in the slides, look for the consulated regulations (these are up to
date)
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