新冠肺炎危机背景下的欧洲农产品立法与贸易协定

IF 0.2 Q4 LAW
G. Cicchiello
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引用次数: 0

摘要

本文对新冠肺炎危机背景下的欧盟农产品立法进行了评估:新的优先事项进入新的情景。本文以《普通食品法》为切入点,分析和阐释了欧盟食品法的制度性、实质性和程序性要素及其与国际贸易法的交叉。讨论了将食品作为一种产品、与食品相关的过程以及与消费者沟通食品的原则和具体规则。事实上,追溯食品立法与其他法律学科的联系点是很有意思的,因为众所周知,这一问题的范围是交叉的,即从农业法到知识产权法,从刑法到国际贸易法。尽管如此,在紧急情况下,如bse危机(牛海绵状脑病,通常称为“疯牛病”)或全球大流行期间(新冠肺炎),食品和相关贸易问题的重要性始终受到监管,任何特定的尝试都不可能将连贯的法律框架的必要条件归因于《食品法》的无序、偶发和经常由激烈反应决定的,它被理解为一个基于自身原则的规则体系。监管干预取得的进展使今天能够从不同的角度观察此事。事实上,人们关注的是国际环境(wto,食品法典)以及与食品贸易政策和现行法律框架和监管规定(如第178/2002号条例第一章和第二章所载的规定)的关系,后者的标题是《一般食品法》。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The European Agri-Food Legislation and Trade Agreements in the Context of the covid-19 Crisis
This article performs an assessment of the EU Agri-food legislation in the context of the covid-19 crisis: new priorities into a new scenario. Taking the General Food Law as a focal point, this article analyses and explains the institutional, substantive, and procedural elements of EU food law and his intersection with International Trade Law. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food to consumers. In fact, it is interesting to retrace the points of contact that food legislation shares with other legal disciplines since it is well known that the matter has a cross-cutting scope, i.e., from Agricultural Law to ip Law, from Criminal Law to International Trade Law. Although, the importance of food and related trade issues have always been regulated in times of emergency, as the bse crisis (Bovine Spongiform Encephalopathy, commonly known as “mad cow disease”) or during a worldwide pandemic (covid-19). However, until the publication of the Reg. 178/2002, it would have been impossible any given attempt to attribute the requisites of a coherent legal framework to the disordered, episodic, and often dictated by hot reactions of Food Law, understood as a system of rules ordered based on its own principles. Progress made by regulatory interventions that allows today to observe the matter under a different angle.In fact, attention is given to the international context (wto, Codex Alimentarius) as well as to the relationship with food trade policies and the current legal framework and regulatory provisions (such as those contained in Chapter i and ii) of Reg. 178/2002, the latter titled General Food Law.
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CiteScore
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