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Quadrimestrale dell’Istituto Internazionale di Studi Giuridici

Biotechnologies between freedom of economic initiative and health and environmental safety in the case law of the Court of Justice of the European Union
The paper deals with the problems of environmental and food safety, with specific regard to the impact of biotechnology on the environment and on human health. In particular, specific attention will be reserved to the legislation and the recent jurisprudence developments on genetically modified organisms (GMOS) in EU law. In fact, the problem of genetically modified organisms and of the adequacy of the current European legislation on GMOS has recently brought back to the attention of the Court of Justice of the European Union. Even in the most recent Judgments, the traditional difference in position between the Member States (or, at least, those with a stronger agricultural tradition) and the European Commission, re-emerges. A difference attributable to the evaluation of general requirements of different order and nature. While the States, in fact, seem to favour the environmental protection and the protection of public health, the European Commission safeguards, in line with its mission, the economic and commercial needs, which are the object of priority attention at the EU level. After all, the European Commission has always looked at the biotechnology sector as a strategic sector for the EU economy, as it is able to strengthen technological and industrial competitiveness, as well as the development and employment opportunities in the European Single Market’s area.
pagine: 125-146
DOI: 10.4399/978882552081110
data pubblicazione: Gennaio 2019
editore: Aracne