Mutual Recognition, Pre-emption and De-centralisation in the Common Agricultural Policy

Abstract

The CAP is a fundamental policy area which has experienced profound changes since its establishment in the early years of EU integration – changes in nature, organization and power balance between the EU and national level. Within this policy area, the principle of mutual recognition is traditionally considered inapplicable. However, the increasing decentralisation of the CAP and subsequent regaining of regulatory powers by the Member States may pave the way for a more significant application of this principle. Mutual recognition also finds application in some sectoral legislation in the field. Thus, the objective of this contribution is to reflect on the role of the principle of mutual recognition in light of this evolution and, in doing so, highlighting the correlations between this principle, pre-emption and decentralisation in EU agri-food law.