Health, alcohol and EU law: understanding the impact of European single market law on alcohol policies
European Journal of Public HealthVolume 18, Number 4 Pp. 392-398
Many professionals in the alcohol field see the
role of the the European Court of Justice (ECJ) as negative
for health.
This review examines ECJ and European Free Trade
Association (EFTA) case law in the context of two broader debates:
firstly the extension of European Union (EU) law into alcohol
policy (the ‘juridification’ of alcohol policy),
and secondly the extent to which alcohol policy is an example
of the dominance of ‘negative integration’ (the
removal of trade-distorting policy) over ‘positive integration’
(the
creation of European alcohol policies).
A comprehensive
review of all ECJ/EFTA Court cases on alcohol, with interpretation
aided by a secondary review on alcohol and EU law and the broader
health and trade field.
From looking at taxation, minimum
pricing, advertising and monopoly policies, the extension of
the scope of the these courts over alcohol policy is unquestionable.
However, the ECJ and EFTA Court have been prepared to prioritise
health over trade concerns when considering alcohol policies,
providing certain conditions have been met.
While
a partial juridification of alcohol policy has led to the negative
integration of alcohol policies, this effect is not as strong
as sometimes thought; EU law is more health friendly than it
is perceived to be, and its impact on levels of alcohol-related
harm appears low. Nevertheless, lessons emerge for policymakers
concerned about the legality of alcohol policies under EU law.
More generally, those concerned with alcohol and health should
pay close attention to developments in EU law given their importance
for public health policy on alcohol.
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