Its more central involvement in the government of economic and fiscal policy requires a new public law for the EU. This must be alive to the positive, negative and intractable qualities of conflicts associated with these fields. Such a law would internalise conflicts within the political process so that their irresolution and ongoing struggle become the dynamo endowing the Union with qualities of political engagement, imagination and justice. The recent reforms make mediation of conflicts a central mission of the Union but still use the public law structures of the regulatory state which lack these three qualities.
This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
The European Food Safety Authority marks a new stage in European Union governance. It has no direct regulatory powers, but is entrusted with developing norms of food safety, which are to inform the material content of EC food law. The hope is that its independence and expertise will restore popular confidence both in the EU and in the food we eat. The irreducible nature of lay‐expert conflicts about hazard suggests that a more likely scenario is that such disputes become recast as opposition to EC law. Such conflict is most likely to manifest itself in national courts through challenges to or non‐compliance with EC law. The current principles for resolution of such conflicts are hopelessly outmoded. The article, therefore, argues for a constitutional resettlement, which sets out principles germane to the nature of the EC regime, namely that of a multi‐level regulatory State. It argues for a new defence of regulatory balance. Individuals could argue for the disapplication of EC norms where these violated a valued local regime which had given consideration to the issues raised in the EC legislation and whose positive value to its subjects exceeded its negative impact on the interests protected by the EC legislation.
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