Chapter

Participation Rights in EU Food Law

Joana Mendes

in Participation in EU Rule-Making

Published in print March 2011 | ISBN: 9780199599769
Published online September 2011 | e-ISBN: 9780191729195 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199599769.003.0007

Series: Oxford Studies in European Law

Participation Rights in EU Food Law

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Chapter 7 analyses participation in selected legal regimes in the sector of food law: food additives; novel foods; genetically modified foods. These frame the adoption of decisions that contend directly with the legal sphere of private persons. This chapter illustrates how the growing decision-making powers of the Commission in these matters contrast with a scarce concern for ensuring procedural guarantees to persons affected by its decisions. It develops two main arguments of the book. First, the distinction between general and individual acts should not ground the scope of participation rights. This is demonstrated by characterising market authorisations of foodstuffs. Second, Chapter 7 illustrates which regulatory intervention originates administrative legal relationships and analyses the ensuing consequences in terms of participation rights. Two different layers of participation rights may be identified in the procedures leading to the adoption of market authorisations by reference to the underlying substantive positions: subjective rights and legally protected interests.

Keywords: EU food law; market authorisations of foodstuffs; food additives; novel foods; genetically modified foods; procedural guarantees; public consultations; administrative legal relationships; subjective rights; legally protected interests

Chapter.  28096 words. 

Subjects: EU Law

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