Principles-Based Regulation – Blueprint for A ‘New Approach’ for the Internal Agricultural Market

Wageningen Working Papers in Law and Governance No. 06/2017; European Law Review (Forthcoming)

28 Pages Posted: 18 Jul 2017 Last revised: 18 Sep 2017

See all articles by Kai P. Purnhagen

Kai P. Purnhagen

Wageningen University; Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics

Peter Feindt

Wageningen University, Strategic Communication Group

Date Written: July 11, 2017

Abstract

The European agricultural sectors and the Common Agricultural Policy (CAP) face the triple challenge of productivity increase to meet increasing demands for food, fibre and energy, pressing public policy issues regarding public health and nutrition and the public good components of agricultural land use (emissions, soil protection, landscape, biodiversity, water, climate change), and adaptation to a changing institutional environment with liberalised markets and integrated transnational value chains. The current governance arrangements for the sector are criticised for their complexity, implementation gaps, inefficiency and ineffectiveness. This paper discusses whether a shift towards a different regulatory approach – principles-based regulation (PBR) in the form of the “new approach” – could offer an avenue for fundamental improvements. After reviewing the problems in the current CAP and explaining the broader “new approach” to regulation, we discuss its applicability to the internal agricultural market. We describe how a “new approach” to the internal agricultural market as application of PBR could look like and how PBR could be linked to the farm payments made under the CAP. We finally reflect on the necessary legal competence basis and on the potential of PBR to address the major challenges facing the European agricultural sector and the CAP.

Keywords: New Approach, Common Agricultural Policy, Freedom of Goods, Principles Based Regulation

Suggested Citation

Purnhagen, Kai Peter and Feindt, Peter, Principles-Based Regulation – Blueprint for A ‘New Approach’ for the Internal Agricultural Market (July 11, 2017). Wageningen Working Papers in Law and Governance No. 06/2017; European Law Review (Forthcoming). Available at SSRN: https://ssrn.com/abstract=3000542 or http://dx.doi.org/10.2139/ssrn.3000542

Kai Peter Purnhagen (Contact Author)

Wageningen University ( email )

Hollandseweg 1
Wageningen, 6706KN
Netherlands

Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics ( email )

Burgemeester Oudlaan 50
PO box 1738
Rotterdam, 3000 DR
Netherlands

Peter Feindt

Wageningen University, Strategic Communication Group ( email )

De Leeuwenborch
Hollandseweg 1
6706 KN Wageningen
Netherlands

Register to save articles to
your library

Register

Paper statistics

Downloads
88
Abstract Views
516
rank
284,315
PlumX Metrics