Science & EU Risk Regulation: The Role of Experts in Decision-Making and Judicial Review

EUROPEAN RISK GOVERANANCE - ITS SCIENCE, ITS INCLUSIVENESS AND ITS EFFECTIVENESS, Connex Report Series No. 6, E. Vos, ed., February 2008

27 Pages Posted: 16 Aug 2007 Last revised: 19 Sep 2014

Date Written: May 1, 2007

Abstract

This paper analyses the role that scientific experts and, more in general, scientific expertise play within European risk governance. While the first part of the paper looks at the way in which scientific expertise is integrated in the decision-making process, the second part examines how science and science-based measures are, or may be, judicially reviewed by European courts. This last part also ventures to suggest some ways to help the judge when reviewing science-based measures by looking into expert consultation systems and peer review mechanisms. In so doing, the paper will mainly refer to the area of food safety as it provides a privileged perspective from which to examine the development of an emerging European risk regulatory framework. Indeed, although confined to regulating food safety issues, the risk regulatory model which has been laid down by regulation 178/2002 in the aftermath of several 'food scandals' reflects the state of the art in the ongoing European reflection on risk governance.

Keywords: EU Law, Risk Regulation, Scientific expertise, Experts, Food Safety

JEL Classification: K33, K2

Suggested Citation

Alemanno, Alberto, Science & EU Risk Regulation: The Role of Experts in Decision-Making and Judicial Review (May 1, 2007). EUROPEAN RISK GOVERANANCE - ITS SCIENCE, ITS INCLUSIVENESS AND ITS EFFECTIVENESS, Connex Report Series No. 6, E. Vos, ed., February 2008. Available at SSRN: https://ssrn.com/abstract=1007401 or http://dx.doi.org/10.2139/ssrn.1007401

Alberto Alemanno (Contact Author)

HEC Paris - Tax & Law ( email )

1 rue de la Libération
Jouy-en-Josas Cedex, 78351
France

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