Browsing by Author "Lattanzi, Pamela"
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Item Zakres autonomii państw członkowskich Unii Europejskiej w dziedzinie bezpieczeństwa żywności i etykietowania(Wydawnictwo Naukowe UAM, 2008) Lattanzi, PamelaA broad margin of intervention of the Community legislator into the sphere of food safety and labelling of foodstuffs lies in its ability to impose impact upon national legislation and the autonomy of the Member States. This paper is focused on the determination of the scope of such autonomy i.e. on areas reserved for decisions taken at national level. Regarding the food safety, the paper presents the most significant elements of the impact that Regulation (EC) No 178/2002 has upon domestic legal order. This is followed by an analysis of the scope of the autonomy with reference to two different situations: (a) the ability to retain, or implement a national provision dealing with food safety, and (b) the ability to ban the marketing of foodstuffs for food safety purposes. When it comes to labelling, the important role it plays on the food market is acknowledged. Labelling is the basic instrument of communication and exchange of information between the seller and the buyer. It is also a measure that is preferred by the European Court of Justice as this measure allows for maintaining equilibrium between different interests such as free movement of goods and services and consumer protection. The legal framework regarding those areas as well as the provisions of Directive 2000/13/EC are given a detailed analysis. Directive 2000/13/EC constitutes the main legal act that provides for an exhaustive and nearly total harmonisation of the provisions on labelling of foodstuffs, and for determining the scope of legislative competence of the Member States, with particular reference to Article 18 hereof. In her concluding remarks, the authoress states that the autonomy of the Member State in the field of food safety and labelling o f foodstuffs is currently very much restricted.