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Participation in EU Rule-MakingA Rights-Based Approach$
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Joana Mendes

Print publication date: 2011

Print ISBN-13: 9780199599769

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199599769.001.0001

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Participation Rights in EU Food Law

Participation Rights in EU Food Law

Chapter:
(p.319) Chapter 7 Participation Rights in EU Food Law
Source:
Participation in EU Rule-Making
Author(s):

Joana Mendes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599769.003.0007

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

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