| Popis: |
This working paper examines major developments in May 2016 concerning European tobacco law and policy. Focussing on extensive Court of Justice rulings in three key cases, the legal analysis considers the role of the WHO Framework Convention for Tobacco Control (FCTC) as regards the lawfulness and appropriateness of the new EU Tobacco Products Directive, and more widely EU law and policy for public health given the regulation of other unhealthy lifestyle behaviours. In light of past concerns as to legitimacy and proportionality of EU tobacco control measures and the subsequent emergence of a fundamental rights regime under the EU Charter, this paper considers how convincing the Court has been this time in its interpretation of newly contested measures concerning the European-wide ban of menthol cigarettes, the maiden regime for e-cigarettes, and mandatory standardised product packaging rules including use of large graphic health warnings. The discussion also examines subsequent UK regulations which flow from Article 24(2) of the directive that go beyond EU and FCTC standards as regards packaging measures and the attendant judicial review decision of the English High Court. |
