Alemanno, Alberto --- "EU public health law and policy – tobacco" [2017] ELECD 587; in Hervey, K. Tamara; Young, A. Calum; Bishop, E. Louise (eds), "Research Handbook on EU Health Law and Policy" (Edward Elgar Publishing, 2017) 347

Book Title: Research Handbook on EU Health Law and Policy

Editor(s): Hervey, K. Tamara; Young, A. Calum; Bishop, E. Louise

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785364716

Section: Chapter 14

Section Title: EU public health law and policy – tobacco

Author(s): Alemanno, Alberto

Number of pages: 22

Abstract/Description:

Alberto Alemanno reviews the constitutional debates surrounding the EU’s tobacco legislation, and concludes that the current direction of travel may have itself reached its limits. In the past, the EU’s tobacco law and policy has been built on the EU’s power to regulate the internal market, including with binding legislation. However, as the EU’s tobacco-related goals have shifted more towards public health, this approach has more frequently come into question. Attempting to avoid this ‘harder’ basis for its constitutional powers, the EU has moved towards lighter ‘nudging’ techniques, relying more upon soft-law governance.