Learning objectives
The food we eat is mainly derived from primary production: provisions on agriculture have therefore been of paramount importance in the development of the contemporary food regulatory framework. The original scaffold, however, has changed over time, under the pressing obligations of WTO to ensure free trade and the adoption of provisions to protect human health (mainly after the BSE crisis) or consumers’ interests (food information) and, lately, to protect the environment and face climate change.
The module will allow students to gain knowledge and understanding of:
• The origin, scope and implementation of the Common Agricultural Policy (CAP), from the very beginning to contemporary times;
• The reasons for the Common Organisation of the Markets and its effects on food trade;
• The specificity of some food sectors (wine, fruit and vegetables, oil and table olives, milk and dairy products, hop);
• The regulatory tools to enhance the value of some agricultural products: protected designations of origin, protected geographical indications, organic production;
• The impact of food safety on the agricultural sector;
• The current EU approach to some issues and to new technology that could impact food security.
At the end of the unit, students will have the ability to:
• Identify relevant WTO agreements and documents and EU and national provisions on CAP, food security, food safety, common organisation of the markets, organic production, quality schemes, residues, contaminants pesticides, genetically modified organisms, new breeding techniques.
• Assess, on a regulatory level, the compliance of EU provisions to the EU commitments under the WTO;
• Assess, on a regulatory level, the compliance of food information to consumers referred to some specific product with the provisions on the common organization of the markets;
• Contextualise future provisions of the food sector in the relevant area (CAP, food safety, consumers’ interests).
Prerequisites
Students who do not have prior knowledge of private law are invited to contact the teacher in advance.
Course unit content
The teaching unit will be developed considering the historical evolution of the common agricultural policy, torn between international obligations on free trade and the need to protect the strategic and delicate area of agriculture, in relation to food. The program will therefore focus on the following key areas:
• The impact of the WTO on EU agriculture and food and the current debate on it;
• The shift from food security to food safety, to the protection of the environment, taking into account the development of food law and agriculture, in the light of the Common Agricultural Policy;
• The EU’s strategies for agrifood products following the implementation of the Green Deal;
• A return to food security: the European Food Security Crisis preparedness and response mechanism;
• The current Common Agricultural Policy and its main features;
• The rules of the common organisation of the markets, public standards and their impact on food (marketability and information to consumers);
• The specificity of the wine sector (from vineyards to the glass) in the horizontal provisions;
• The specificity of other sectors (with vertical provisions): fruits and vegetables, hop, oil and table; olives, milk and dairy products;
• The EU’s approach to genetically modified organisms and the new breeding techniques;
• The opportunity offered to farmers to enhance the value of their products: organic production and quality schemes (protected designation of origin, protected geographical indication);
• The impact of food safety provisions on primary production: hygiene, traceability, contaminants and pesticides.
Full programme
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Bibliography
Relevant acts and documents (students will learn where and how to find them); materials made available in the platform. Provided documents have a merely supplementary purpose which will not be enough to acquire a complete preparation for the exam, unless it is accompanied by the participation to lectures or study of legal texts and case law. For example: Luigi Costato, Ferdinando Albisinni (eds.), European and Global Food Law, Wolters Kluwer, most recent edition on the market
Teaching methods
This course will require an active attendance by students. Discussion of case laws and contractual clauses will be frequent as well legal clinics including, but not limited to, the practical work of students on real cases and social issues supervised by academics and professionals. The innovative approach of the course will also involve “flipped class” that means pre-class work (independent study, textbook readings and reflective questionnaires will be therefore required) followed by interactive workshop. This approach has the aim to promote the active student participation in legal problem-solving activities within small groups. These educational activities aim to develop professional attitudes and foster the growth of the practical skills of students.
Assessment methods and criteria
The professor will conduct the final exam orally. The exam assesses the knowledge of the topics of the course while verifying the ability to connect different subjects and to use adequate legal language with regards to the issued content.
Other information
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2030 agenda goals for sustainable development
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