Food law enforcement in the EU: Administrative and private systems

Bernd van der Meulen*, Antonia Corini*

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

2 Citations (Scopus)

Abstract

In the food law sector, enforcement power is held at national level. However, the European Union has detailed several requirements to which Member States must comply. Enforcement of food law, as understood in the General Food Law, involves monitoring and verification of compliance by food business operators with the relevant requirements of food law. Member States are overall responsible for the direct enforcement of food law and for the performance of official controls. This includes the power to establish measures and sanctions in case of non-compliances. The legal framework has developed and has changed over the years. Also food related problems may give raise to new issues that require new efforts to find new solutions. These may result in ex-post solutions: strengthen administrative enforcement, intensified, risk based and more effective official controls. However, also an ex ante approach should be taken into consideration to prevent non-compliances. In this domain, both public and private tools, next to an effective administrative enforcement system, may effectively be used and adapted to the complex and ever-changing food system.

Original languageEnglish
Pages (from-to)71-95
Number of pages25
JournalRevue Internationale de Droit Penal
Volume87
Issue number2
Publication statusPublished - 2016

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