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Plain Packaging on Its Way to Europe: Competence Issues and Compatibility with European Fundamental Rights


Peter K. Henning


Heinrich Heine Universität Dusseldorf - Faculty of Law

Leonid Shmatenko


Chair of German and Foreign Public Law, European Law and Public International Law

November 5, 2012

TDM (Transnational Dispute Management): Vol. 9, Issue 5 (2012)

Abstract:     
Peter Henning and Leonid Shmatenko discuss in this article the legal obstacles that are likely to be faced by proposed reforms to the European Union’s (‘EU’) Tobacco Directive in EU law. The structure of the article is as follows: (1) Part 1 examines whether the EU Commission and Parliament have the legal competence to introduce plain packaging laws; (2) In Part 2, the authors discuss the likely compatibility of plain packaging laws with primary EU law, particularly the Charter of Fundamental Rights of the European Union and Article 34 of the Treaty on the Functioning of the European Union. The authors conclude that the plain packaging measures would require a balancing between the rights of manufacturers to display their trademarks on the one hand and the perceived public health benefits of plain packaging on the other hand. In order to pass the EU law hurdles, the plain packaging measures are likely to need to satisfy a three-step test of adequacy, requiring the suitability, necessity and proportionality of each measure.

Number of Pages in PDF File: 17

Keywords: WHO, TFEU, FCTC, Fundamental Rights, European Law, Constitutional Law

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Date posted: November 6, 2012  

Suggested Citation

Henning, Peter K. and Shmatenko, Leonid, Plain Packaging on Its Way to Europe: Competence Issues and Compatibility with European Fundamental Rights (November 5, 2012). TDM (Transnational Dispute Management): Vol. 9, Issue 5 (2012). Available at SSRN: http://ssrn.com/abstract=2171205

Contact Information

Peter K. Henning
Heinrich Heine Universität Dusseldorf - Faculty of Law ( email )
Düsseldorf
Germany
Leonid Shmatenko (Contact Author)
Chair of German and Foreign Public Law, European Law and Public International Law ( email )
Universitätsstr. 1
Düsseldorf, D-40225
Germany
+49 211 81-11713 (Phone)
HOME PAGE: http://www.jura.hhu.de/en/dozenten/lorz/unser-team.html
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