Issue 04/2010

- The New Strategy on Coexistence in the 2010 European Commission Recommendation
- Do Lawyers Knead the Dough? – How Law, Chaos, and Uncertainty Interact
- ...


The Commission’s New Approach to the Cultivation of Genetically Modified Organisms
Sara Poli
The Commission has proposed to legitimise the renationalization of the cultivation of GMOs (Genetically Modified Organisms) accepting the request of a group of Member States who raised concerns at the Environment Council of June 2009 regarding the EU-wide decisions on GMO cultivation. Based on subsidiarity grounds, they requested the Commission give the freedom to decide on the cultivation of GM plants to both national and local authorities.
What Price Flexibility? – The Recent Commission Proposal to Allow for National “Opt-Outs” on GMO Cultivation under the Deliberate Release Directive and the Comitology Reform Post-Lisbon
Maria Weimer
“After a reform is before another reform.” This paraphrasing of a famous saying from the world of football seems to be a very fitting way to describe the status quo of the European policy on genetically modified organisms (GMOs). The functioning of the EU legal framework on GMOs has since its initial establishment in the 1990s been troubled by political disagreement, deadlocks in decision-making, strong public opposition in the Member States, and considerable delays in the process of authorisation of genetically engineered products on the internal market of the EU.
The New Strategy on Coexistence in the 2010 European Commission Recommendation
Dr. Justo Corti Varela
The European Union tried to establish a “coexistence” policy for the cultivation and processing of GM and non-GM products after the political agreement that put an end to the 1999-2004 moratorium. Consequently, coexistence is part of this gentlemen’s agreement between States with pro and anti-GMO positions.
EU GM Crop Regulation: A Road to Resolution or a Regulatory Roundabout?
Shane H. Morris, Charles Spillane
Since first embarking on the road of risk management options for the regulation of recombinant DNA (rDNA) activities and use in 1978, the European Union (EU) has largely failed to create a regulatory and policy environment regarding genetically modified (GM) crops and their cultivation that is (a) efficient, (b) predicable, (c) accountable, (d) durable or (e) interjurisdictionally aligned.
A Hybrid within a Hybrid: Contextualising REACH in the Process of European Integration and Constitutionalisation
Dr. Poul F. Kjaer
REACH is a new European Community Regulation on chemicals and their safe use. This Regulation is a hybrid that combines hierarchy and heterarchy from a both a legal and an organisational perspective.
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