Law Enforcement by EU Authorities
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Law Enforcement by EU Authorities

Implications for Political and Judicial Accountability

Edited by Miroslava Scholten and Michiel Luchtman

EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
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Chapter 8: Enforcement of EU food law

Antonia Corini, Bernd van der Meulen, Floris Kets, Giuseppa Ottimofiore and Florentin Blanc

Abstract

National competences to enforce EU food law are heavily regulated through the Official Controls Regulation. Information on food safety issues is shared among competent authorities through the Rapid Alert System for Food and Feed (RASFF). National performance is supervised by Directorate-F of DG SANTE; EU supervision though indirect enforcement by nature may directly affect businesses as is shown in the Bowland case. Also RASFF alerts that are traceable to individual businesses may heavily affect these businesses. The EU holds direct enforcement competences with regard to third countries and in case of emergencies including failing enforcement at Member State level. Due to the interlinkedness of competences, judicial accountability regarding RASFF alerts and Directorate-F supervision is lacking both at national level and at EU level. Also political accountability seems to fall short both at national and at EU level.

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