Research Handbook on EU Health Law and Policy
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Research Handbook on EU Health Law and Policy

Edited by Tamara K. Hervey, Calum A. Young and Louise E. Bishop

The steady expansion of the European Union’s involvement in health over the past 20 years has been accelerated by recent events. This handbook offers an up-to-date analytical overview of the most important topics in EU health law and policy. It outlines, as far as possible, the direction of travel for each topic and suggests research agenda(s) for the future.
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Chapter 14: EU public health law and policy – tobacco

Alberto Alemanno


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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