Chapter 14: EU public health law and policy – tobacco
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Alberto Alemanno reviews the constitutional debates surrounding the EU’s tobacco legislation, and concludes that the current direction of travel may have itself reached its limits. In the past, the EU’s tobacco law and policy has been built on the EU’s power to regulate the internal market, including with binding legislation. However, as the EU’s tobacco-related goals have shifted more towards public health, this approach has more frequently come into question. Attempting to avoid this ‘harder’ basis for its constitutional powers, the EU has moved towards lighter ‘nudging’ techniques, relying more upon soft-law governance.

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