2004
DOI: 10.1017/s2071832200012335
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GM Foods, Risk, Precaution and the Internal Market: Did Both Sides Win the Day in the recent Judgment of the European Court of Justice?

Abstract: Almost exactly one year after the famous judgments of the Court of First Instance on the precautionary principle, the European Court of Justice (hereinafter “the Court”) has issued a preliminary ruling further exploring this concept. The ruling arose from a national dispute concerning a temporary ban on novel foods produced from genetically modified organisms (hereinafter “GMOs”). This recent Monsanto judgment is the first case in which the Court has directly invoked the precautionary principle regarding Membe… Show more

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Cited by 9 publications
(2 citation statements)
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“…45 Interestingly, it was the first case in which the Court invoked directly the precautionary principle regarding Member States' powers to adopt a provisional prohibition on the marketing of GMO-derived novel foods. 46 The Court held that the safeguard clause gives specific expression to the principle which must, where relevant, constitute an 'integral part of the decision-making processes leading to the adoption of any measure for the protection of human health'. 47 As Joanne Scott rightly observes, the Court by this statement declared, albeit implicitly, that the principle can be seen as imposing positive obligations on Member States to integrate precaution into their decision-making processes while invoking safeguard clauses.…”
Section: Safeguard Clauses In Secondary Lawmentioning
confidence: 99%
“…45 Interestingly, it was the first case in which the Court invoked directly the precautionary principle regarding Member States' powers to adopt a provisional prohibition on the marketing of GMO-derived novel foods. 46 The Court held that the safeguard clause gives specific expression to the principle which must, where relevant, constitute an 'integral part of the decision-making processes leading to the adoption of any measure for the protection of human health'. 47 As Joanne Scott rightly observes, the Court by this statement declared, albeit implicitly, that the principle can be seen as imposing positive obligations on Member States to integrate precaution into their decision-making processes while invoking safeguard clauses.…”
Section: Safeguard Clauses In Secondary Lawmentioning
confidence: 99%
“…(…) Had the Court raised this issue, its ruling would be more complete and could have contributed more to the notion that consumers may be well protected even in an integrated, transnational, market." 51…”
Section: Key Issuesmentioning
confidence: 99%