The tension between the free movement of food products in the EU and consumer interests : a critical analysis

Abstract

This dissertation attempts to critically analysis the manner in which the EU tries, through its regulatory framework and CJEU case-law, to strike a balance between the free movement of food products and the protection of consumer interests. The establishment of an Internal Market of food products cannot be denied. Food products are considered as goods under EU law, and thus, are subject to the prohibition of barriers to trade, in accordance with the TFEU. Free trade in the food and beverage industry plays a fundamental role in the EU’s economic growth and prosperity. Due to their special nature, they are further subjected to additional pieces of EU legislation which are solely applicable to them. The EU is tasked with ensuring that the free circulation of food products within the EU’s Internal Market does not occur to the detriment of consumer interests, particularly food safety, the labelling of high quality food and access to information as to its geographical origin, as well as its rich and diverse gastronomical heritage. By focusing on Regulation 178/2002, Regulation 1151/2012 and EU trade agreements with third States, this dissertation explores these prima facie seemingly conflicting interests and illustrates the manner in which the EU manages to balance them out in a manner which is beneficial to all.