The European GMO regime and the case-law of the Court of Justice
What governance by the EU judiciary?
The marketing and cultivation of GMOs (genetically modified organisms) in Europe has given rise to much controversy while the role of EU courts in GMO governance was limited. Will recent judicial responses bring about a change? Open to the public, registration is requested.
This event is co-organized by ACCESS EUROPE and the Amsterdam Centre for European Law and Governance.
Attendance is free. Registration is appreciated, firstname.lastname@example.org.
The EU Courts have issued several recent judgments (e.g., Bablok 2011; Hungary v Commission 2013; and Pioneer Hi-Bred International 2013) which indicate that the European judiciary could play a significant role in the EU governance of biotech products, through the exercise of a more restrictive review of public powers and engagement in scientific issues of health and risk assessment. The marketing and cultivation of GMOs (genetically modified organisms) in Europe has given rise to much controversy since the launching of the regulatory regime in the 1990s, but the jurisprudence in the field of biotech products was rather scarce for many years, and as a consequence the role of EU courts in GMO governance was limited. The current question is thus whether the recent judicial responses will bring about a change in this paradigm, and if so, what kind of change(s)?
This presentation, based on the results of research into the case-law of the Court of Justice in the GMO field, examines the prospects concerning the contribution of the EU judiciary to the contested GMO governance, and its methods of adjudicating controversies. In particular, the speaker explores whether the judicial reasoning reveals an interpretation which fosters, for example, the revision of policy objectives by the EU institutions/Member States, the monitoring and peer-review of policy results, and a more deliberative problem-solving approach to GMO regulation in line with experimentalist architecture (Sabel & Zeitlin, 2012); or whether, on the contrary, the EU courts’ reasoning should be perceived as weakening experimentalism. The latter approach will be considered as part of the conceptualisation of the role of courts in the European governance of GMOs.
Patrycja Dąbrowska-Kłosińska is Assistant Professor at the Centre for Europe, University of Warsaw. She authored and co-authored many publications on risk regulation, EU law and governance. She is a managing editor of the Yearbook of Polish European Studies and a member of the editorial board of the German Law Journal. Previously, she also served as an EU law counsel at the Polish Office for Registration of Medicinal Products, Medical Devices and Biocidal Products.
Faculty of Law, A 1.01
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