Health, alcohol and EU law: understanding the impact of European single market law on alcohol policies

Article English OPEN
Baumberg Geiger, Ben ; Anderson, Peter (2008)
  • Publisher: Oxford University Press
  • Related identifiers: doi: 10.1093/eurpub/ckn026
  • Subject: H
    mesheuropmc: humanities | health care economics and organizations

Many professionals in the alcohol field see the role of the the European Court of Justice\ud (ECJ) as negative for health. This review examines ECJ and European Free Trade Association (EFTA) case\ud law in the context of two broader debates: firstly the extension of European Union (EU) law into alcohol\ud policy (the ‘juridification’ of alcohol policy), and secondly the extent to which alcohol policy is an\ud example of the dominance of ‘negative integration’ (the removal of trade-distorting policy) over\ud ‘positive integration’ (the creation of European alcohol policies). Methods: a comprehensive review of\ud all ECJ/EFTA Court cases on alcohol, with interpretation aided by a secondary review on alcohol and EU\ud law and the broader health and trade field. Results: from looking at taxation, minimum pricing,\ud advertising and monopoly policies, the extension of the scope of the these courts over alcohol policy is\ud unquestionable. However, the ECJ and EFTA Court have been prepared to prioritise health over trade\ud concerns when considering alcohol policies, providing certain conditions have been met. Conclusion:\ud while a partial juridification of alcohol policy has led to the negative integration of alcohol policies, this\ud effect is not as strong as sometimes thought; EU law is more health friendly than it is perceived to be,\ud and its impact on levels of alcohol-related harm appears low. Nevertheless, lessons emerge for\ud policymakers concerned about the legality of alcohol policies under EU law. More generally, those\ud concerned with alcohol and health should pay close attention to developments in EU law given their\ud importance for public health policy on alcohol.
  • References (7)

    Anderson, P and Baumberg, B. Stakeholders' view of alcohol policy. Nordisk Alkohol- & Narkotikatidskrift (Nordic Studies on Alcohol and Drugs), 2006. 23: p.

    Ziegler, D. International trade agreements challenge tobacco and alcohol control policies. Drug and Alcohol Review, 2006. 25(6): p. 567-579.

    Nordlund, S. The influence of EU on alcohol policy in a non-EU country. Journal of Substance Use, 2007. 12: p. 405-418.

    European integration and Nordic alcohol policies: changes in alcohol controls and consequences in Finland, Norway and Sweden, 1980-1997. 1998, Aldershot: Ashgate.

    Ugland, T. Impact of Europeanization on Nordic alcohol control policies: a discussion of processes and national differences. Journal of European Social Policy, 2000. 10(1): p. 58.

    Contemporary Drug Problems, 1993. 20: p. 203-227.

    Blichner, LC and Molander, A. Mapping Juridification European Law Journal, 2008. 14: p. 36-54.

  • Metrics
    0
    views in OpenAIRE
    0
    views in local repository
    22
    downloads in local repository

    The information is available from the following content providers:

    From Number Of Views Number Of Downloads
    Kent Academic Repository - IRUS-UK 0 22
Share - Bookmark