Principles-based regulation: Blueprint for a "new approach" for the internal agricultural market

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Abstract

The European agricultural sectors and the Common Agricultural Policy (CAP) face the triple challenge of productivity increase to meet increasing demands for food, fibre and energy, pressing public policy issues regarding public health and nutrition and the public good components of agricultural land use (emissions, soil protection, landscape, biodiversity, water, climate change), and adaptation to a changing institutional environment with liberalised markets and integrated transnational value chains. The current governance arrangements for the sector are widely criticised for their complexity, implementation gaps, inefficiency and ineffectiveness. This article discusses whether a shift towards a different regulatory approach-principles-based regulation (PBR) in the form of the "new approach"-could offer an avenue for fundamental improvements. After reviewing the problems in the current CAP and explaining the broader "new approach" to regulation, we discuss its applicability to the internal agricultural market, describe what a "new approach" could look like in this sector, and how PBR could be linked to the farm payments made under the CAP. We finally reflect on the necessary legal competence basis and on the potential of PBR to address the major challenges facing the European agricultural sector and the CAP.

Original languageEnglish
Pages (from-to)722-736
Number of pages15
JournalEuropean Law Review
Volume42
Issue number5
Publication statusPublished - 1 Oct 2017

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