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The European Journal of Public Health Advance Access originally published online on May 8, 2008
The European Journal of Public Health 2008 18(4):392-398; doi:10.1093/eurpub/ckn026
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© The Author 2008. Published by Oxford University Press on behalf of the European Public Health Association. All rights reserved.

Alcohol

Health, alcohol and EU law: understanding the impact of European single market law on alcohol policies

Ben Baumberg1 and Peter Anderson2

1 Policy and Research Officer, Institute of Alcohol Studies, UK (www.ias.org.uk) and Centre for the Analysis of Social Exclusion (CASE), London School of Economics and Political Science, UK
2 International public health consultant, Spain

Correspondence: Ben Baumberg, Centre for the Analysis of Social Exclusion (CASE), Department of Social Policy, London School of Economics and Political Science, Houghton Street, London WC2A 2AE, tel: 0044 207 222 4001, e-mail: b.p.baumberg{at}lse.ac.uk

Received November 27, 2007 , accepted March 20, 2008

Background: many professionals in the alcohol field see the role of the the European Court of Justice (ECJ) as negative for health. This review examines ECJ and European Free Trade Association (EFTA) case law in the context of two broader debates: firstly the extension of European Union (EU) law into alcohol policy (the ‘juridification’ of alcohol policy), and secondly the extent to which alcohol policy is an example of the dominance of ‘negative integration’ (the removal of trade-distorting policy) over ‘positive integration’ (the creation of European alcohol policies). Methods: a comprehensive review of all ECJ/EFTA Court cases on alcohol, with interpretation aided by a secondary review on alcohol and EU law and the broader health and trade field. Results: from looking at taxation, minimum pricing, advertising and monopoly policies, the extension of the scope of the these courts over alcohol policy is unquestionable. However, the ECJ and EFTA Court have been prepared to prioritise health over trade concerns when considering alcohol policies, providing certain conditions have been met. Conclusion: while a partial juridification of alcohol policy has led to the negative integration of alcohol policies, this effect is not as strong as sometimes thought; EU law is more health friendly than it is perceived to be, and its impact on levels of alcohol-related harm appears low. Nevertheless, lessons emerge for policymakers concerned about the legality of alcohol policies under EU law. More generally, those concerned with alcohol and health should pay close attention to developments in EU law given their importance for public health policy on alcohol.

Keywords: alcohol policy, EU law, juridification, negative integration, trade agreements


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