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The cultivation of genetically modified (GM) crops in the EU is highly harmonised, involving a central authorisation procedure that aims to ensure a high level of environmental and human health protection. However conflicts over authority persist and the Commission has responded to a combination of internal and external pressures with a more flexible approach to coexistence, a proposed opt-out clause and recently a promise by the head of the Commission to review the existing EU GM legislative regime, providing an opportunity to consider and suggest paths of development. In light of the significance of multilevel governance and subsidiarity for GM cultivation, this paper considers the policy-making powers of the Member States and subnational regions in this regime, focussing upon post-authorisation options in particular. A number of core mechanisms exist, including voluntary measures, safeguard clauses, coexistence measures, a proposed express opt-out and Article 4(2) TEU on ‘national identity. These mechanisms are examined in light of the goals and challenges of multilevel governance, in order to consider whether the relevant powers are located at the appropriate level. Overall, it is apparent that the developments occurring at the EU level are strengthening multilevel governance, but with significant opportunities to improve it further through focussing on the supporting roles and the regional levels in particular.
|Number of pages||30|
|Publication status||Published - 09 Sep 2014|
|Event||SLS Conference 2014 - Nottingham University, Nottingham, United Kingdom|
Duration: 09 Sep 2014 → 12 Sep 2014
|Conference||SLS Conference 2014|
|Period||09/09/2014 → 12/09/2014|
- environmental law
- multilevel governance
- genetically modified organisms
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Mary Dobbs (Speaker)10 Dec 2014
Activity: Talk or presentation types › Invited talk