1,721,030 research outputs found
La tutela della biodiversità animale in agricoltura
No full textLa riflessione giuridica sulla tutela della biodiversità animale in agricoltura è andata consolidandosi negli anni lungo un percorso complesso e in continuo divenire. L'impegno profuso dalle istituzioni ha visto il combinarsi degli interventi adottati a livello internazionale e comunitario con i programmi di finanziamento allo sviluppo rurale e con le iniziative nazionali volte al miglioramento del benessere animale e alla valorizzazione delle produzioni locali. Attraverso l'analisi del significato e dell'ampiezza che la salvaguardia della biodiversità zootecnica ha acquisito sul piano giuridico il volume ricostruisce e indaga il sistema di disciplina multilivello a presidio della diversità biologica animale per una riflessione critica sulle interrelazioni economiche etiche e sociali dalle quali dipende la preservazione - diretta e indiretta - del patrimonio genetico in zootecnia
Regolare l'invisibile: i quadri normativi europeo e statunitense sul nanofood
No full textInnovation driven by nanotechnicological processes has certainly found in the agro-food sector one of the most interesting areas of application. However, the complexity and scientific uncertainty characterizing nanotechnologies have been increasing the interest in the risks connected to them, creating at the same time problems of flexibility and effectiveness in the regulation. This paper traces the evolution of the legal framework for nanofood in the EU, and compare it with the US regulatory approach. The analysis shows that the EU and US normative approaches with reference to nanofood are not still incisive in ensuring the safety of food and promoting responsible research activities
Towards new “digital insights.” The value of Open Data for food information in Europe
No full textIn the food sector, the massive plethora of data
made available by the so-called Open Data has
been gradually - but radically - altering the relations
among institutions, industry and the public. Thanks
to the opening up of knowledge possessed by the
public sector, the consumer-citizen is becoming
empowered in making better informed and personalized
decisions, proactively oriented towards his
personal interests and needs. In light of this scenario,
the goal of this essay is to consider the normative
and social aspects related to the use of Open
Data in the food sector, with an emphasis on both its
relationship with European food law and the role
this new ‘digital insight’ might play in generating trustworthy
interactions between institutional authorities
and citizens
Sulle spinte gentili del nudge: un quadro d'insieme
No full textUnder the theoretical assumptions of individual bounded rationality
and of behavioural psychology about human actions and agency,
nudge has been promoted as an alternative to traditional regulatory
tools, characterized by being inexpensive, choice-preserving,
and bound to promote legitimate goals and citizens’ welfare within
through specific choice architectures. Applicable to several domains,
health included, the nudging approach runs in connection with requests
and needs arising from marketing strategies, with the aim of
maximizing economic rationality and efficiency. However, as nudge
was framed having in mind the notion of consumer, it fails to fully
meet the values connected to the idea of citizenship. Most nudges
strategies seem to imply a top-down vision – though soft paternalistic
– where pre-defined and often black-boxed values pretend
to define individual and collective directions. The representational
and ethical issues surrounding nudge, the psychological mechanisms
working behind it, and the correlated legal issues request a
precise and accurate scrutiny, if we want nudging interventions to
be legitimately and democratically framed within policy strategies
and human agency not to be disregarded, but empowered by behaviourally-
based actions
Farm animal welfare under scrutiny: Issues unsolved by the EU legislator
Full text linkIn the European Union (EU) innovation society, animal welfare has reached its
normative status, together with the increased ethical concerns of citizens and civil
society in relation to animal welfare and dignity. However, several problems are
impeding welfarism from gaining full traction on the European stage.This paper aims
at scrutinizing some of those legal problems, using the ongoing (2019) CAP reform and
labelling issues as case studies. Is the process of the CAP reform in line with the aim of
fully integrating farm animal welfare into EU agricultural policy? Is animal welfare
labelling gaining ground as an ethical-legal tool that certifies the achievement of high
standards in livestock farming? These are the questions explored in this contribution.
Both a historical perspective of farm animal welfare in Europe and an evaluation at
the international level willenrich their analysis.Thecore argument of this study posits
that legal answers to the CAP post-2020 and to animal welfare labelling schemes can
legitimate a more sustainable model of EU agriculture. What is needed is a model of
agricultural practices capable of aligning citizens' interests with the EU animal
welfarestrategy 2012-2015, whileenhancing and strengthening the Union's normative
approach to animal dignity
La macellazione rituale al vaglio delle Corti: un percorso verso una società europea sentience-based
No full textIl contributo esplora le recenti riflessioni sviluppate dalla Corte di giustizia dell’Unione europea e dalla Corte europea dei diritti dell’uomo in tema di macellazione rituale, con il precipuo scopo di analizzare il trait d’union che lega le pronunce, secondo linee argomentative che intendono ragionare sulle dinamiche tra libertà, diritti e interessi che si saldano nel binomio religioni-non umani. La disamina delle sentenze mette in luce come la lente giuridica sull’interpretazione delle regole religiose nel settore alimentare non si fondi sul mero confronto con il dato tecnico-scientifico – le tecniche di macellazione con e senza stordimento – ma si costruisca necessariamente sullo scrutinio dei valori afferenti alla ponderazione tra la libertà di religione e la dignità (il valore morale intrinseco) degli animali come esseri senzienti.This contribution explores the recent reflections developed by the Court of Justice of the EU and the EU Court of Human Rights on ritual slaughter, with the aim to analyse the trait d’union that binds the judgments. In doing so, the lines of reasoning address the dynamics among freedoms, rights and interests that converge in the religions-animals relationship. The examination of the rulings posits that the legal interpretation of religious rules in the food sector is not merely based on the technical-scientific data, that is stunning and non-stunning slaughtering methods. Instead, it is necessarily constructed through the scrutiny of values pertaining to the balance between religious freedom and the dignity (i.e., the inherent moral value) of animals as sentient beings
Gene Editing for the EU Agrifood: Risks and Promises in Science Regulation
No full textIn today’s innovation-driven agrifood domain, the perspective of using so-called New Breeding Techniques (NBTs) on both non-human animals and plants calls into question the regulatory approach (process/product-based) to be used, while asking for a critical reflection on the potential impact of products on the industrial sector and citizens. A possible reconfiguration of European (EU) discipline will have to grapple with not only agrifood market’s interests and needs, but mostly and primarily with the growing quest for public and participatory discussion on the current dominant vision on life sciences. Only through restoring visibility to the intertwining of knowledge production will it be possible to obtain EU governance of gene editing that is more authoritatively reliable from a scientific stance, as well as more transparently discussed and democratically shared at legal and policy level
Nomen Est Omen? On the Legal Identity of Dairy Alternatives in the USA
No full textWith the market for alternatives to dairy products growing considerably for reasons of animal ethics, environmental or health considerations, the need for legal clarity in sales denominations is rising among stakeholders. The US legal context, in this regard, oscillates from the courts’ faith in consumers’ reasonableness to the attempt of the Food and Drug Administration (FDA) to strengthen the enforcement of the regulated standards of identity. At the core of those divergent viewpoints stand the issues pertaining to the nutritional status or quality of both dairy and plant-based products, together with evolving consumer perceptions and changing dietary behaviours. This contribution looks at these opposing visions, casting light on the modalities through which the US authorities are divergently upholding their own beliefs and regimes of authority vis-à-vis citizens’ attitudes and knowledge in addressing the ‘legal identity’ of dairy and plant-based products
La policy nutrizionale in Europa: iter normativi e dinamiche di regolamentazione
No full textIn the light of the relationship between health and nutrition, this paper
focuses on the policy strategy designed by the European institutions with
regard to nutrition. Starting from the analysis of theWorld Declaration
for Nutrition adopted by FAO and WHO in 1992, the main European
regulatory measures adopted on the issue are analysed and some reflections
are offered about their normative status (hard and soft law), as well
as on some problematic aspects and implications. Moreover, the contribution
focuses on two major European strategies in regulating nutrition,
namely the health-in-all-policies and whole-of-government approaches,
characterized by the combination of heterogeneous legal instruments together
with the coexistence of actions undertaken by public and private
actors. The framework thus conceived – though noteworthy and commendable
for several reasons – turns out to be problematic in achieving
the desired goals: health protection and citizens’ well-being
Addressing Big Data in EU and US Agriculture: a Legal Focus
No full textBy looking at both the EU and US agricultural context, this essay reflects on the implementation of big data into agricultural legal practice, on regulations the implementation may require and on potential changes it brings into the legal realm of agriculture. The first part discusses big data’s potential for agriculture, together with problems and dilemmas arising from it. The second section reviews the main legal problems information exchange poses between farmers and agricultural technology providers (ATPs), by analysing the normative questions on ownership, privacy and security of big farm data. The final part showes the possible perspectives the issue opens in the agricultural sphere, by using the concepts of “open data” and “data philanthropy” as institutional and procedural patterns to follow to achieve more knowledgeable and sustainable agriculture
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