Emergency Measures Against GMOs Between Harmonizing and De-harmonizingTrends: The Case Fidenato et al.

• Autores: Elena Corcione
• Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 3, Nº. 1, 2018, págs. 345-356
• Idioma: inglés
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• Resumen

  • This Insight comments on the preliminary ruling in the case Fidenato et al. (judgment of 13 September 2017, case C-111/16), in which the Court of Justice excluded that Member States may rely on the precautionary principle enshrined in Art. 7 of Regulation 178/2002 to adopt emergency measures against the cultivation of GMOs, pursuant to Art. 34 of Regulation 1829/2003. The judgment confirms the strict interpretation of the conditions to adopt such measures, already provided by the Court of Justice in the case Monsanto SAS (judgment of 8 September 2011, joined cases C-58/10 and C-68/10), and the will of the EU to maintain full control over the management of scientific risk related to GMOs. At the same time, the ruling calls for some reflections on GMOs regulation in the EU, which has recently undergone some major changes in the sense of leaving much more freedom to Member States to ban the cultivation of GMOs when non-scientific risks are at stake.