EUROPEAN FOOD LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2017/2018
- Teacher
- SEBASTIANO RIZZIOLI
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/14
Training objectives
- Main knowledge: The course aims first of all to provide the students with the knowledge of the sources of food law (international, of the European Union and national), highlighting the main role taken by EU secondary law, also through the constant impulse of the EU Court of Justice. Secondly, the course aims to provide the student with the knowledge of the fundamental principles of EU food law set forth in EC Reg. no. 178/2002, and with the main important food law harmonization measures of the EU legislator.
Main abilities: During the lectures case law will be examined to develop a practical approach on the resolution of professional traineeship or practical work experience problems. It is required the ability of critical analysis of the matter leading to know properly address to food safety issues, using a cross-sectoral approach, also involving EU law as interpreted by the Court of Justice of the European Union. Prerequisites
- Good knowledge of the EU law is required, with particular regard to EU general system of the source of law (especially to the binding acts) and to EU Court of Justice case law on the primacy of the EU law over national law. The Students should be able to find and examine autonomously EU Court of Justice sentences.
Propaedeutic exams: Constitutional Law, Private Law institutions, European Union Law. Course programme
- Lectures aim to illustrate the system of the sources of food law, which is divided in World Trade Organization's sources, European Union's sources and national sources (8 hours). Focus is on the analysis of the legal definitions of “food” (2 hours), “food business” (1 hours), “final consumer” (1 hours), on the general food law principles (risk analysis, precautionary principle) (4 hours) and on the general obligations of food trade (among which traceability) (4 hours). Particular attention is given to EU harmonization measures: EU Reg. no. 178/2002 that establishes European Food Safety Authority and lays down procedures in matters of food safety (2 hours); EU Reg. no. 1169/2011 on the provision of food information to consumer (2 hours); EU Reg. no. 1924/2006 on nutrition and health claims on food (2 hours); the EU Regulations concerning food hygiene (4 hours); additives, enzymes, flavorings (2 hours); food contact materials; novel food (2 hours) and genetically modified food (2 hours); measures concerning food quality (Protected Designation of Origin, Protected Geographical Indication and Traditional Speciality Guaranteed (4 hours).
Didactic methods
- The course consists of lectures during which the above-mentioned contents will be examined, also through the direct exam of the regulatory measures and of the main important case law concerning food law. The students are required to be able to find the examined sources on http://eur-lex.europa.eu
Learning assessment procedures
- Acquisition of knowledge and skills required is verified through an oral examination that aims also to asses the reasoning skills to solve practical problems encountered in the case law. Students attending lectures may take a written examination at the end of the course (so called “Appello ufficioso regolamentato”). Students are required to demonstrate the full knowledge of the main important contents illustrated during the lessons and concerning free movement of food in the European market. Moreover, the acquisition of the basic notions of “food”, “food business”, “final consumer”, “general food law principles” and “general obligations of food trade” will be verified.
The examination is based on 3 or 4 questions: final mark represents the average mark for every answer. Reference texts
- L. Costato - P. Borghi - S. Rizzioli – V. Paganizza – L. Salvi, Compendio di diritto alimentare, 7th Edition, Padova, CEDAM, 2015. Knowledge of the main important EU regulatory measures examined during the lessons is required.
