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    Rights statement: https://www.cambridge.org/core/journals/european-journal-of-risk-regulation/article/evidence-and-proportionality-in-free-movement-cases-the-impact-of-the-scotch-whisky-case/9541D8F24CD3DEA051E41629CEF45AB1 The final, definitive version of this article has been published in the Journal, European Journal of Risk Regulation, 11, 1, pp 109-130 2020, © 2020 Cambridge University Press.

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Evidence and Proportionality in Free Movement Cases: The Impact of the Scotch Whisky Case

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Evidence and Proportionality in Free Movement Cases: The Impact of the Scotch Whisky Case. / Macculloch, Angus; Bartlett , Oliver.
In: European Journal of Risk Regulation , Vol. 11, No. 1, 01.03.2020, p. 109-130.

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Harvard

Macculloch, A & Bartlett , O 2020, 'Evidence and Proportionality in Free Movement Cases: The Impact of the Scotch Whisky Case', European Journal of Risk Regulation , vol. 11, no. 1, pp. 109-130. https://doi.org/10.1017/err.2019.64

APA

Vancouver

Macculloch A, Bartlett O. Evidence and Proportionality in Free Movement Cases: The Impact of the Scotch Whisky Case. European Journal of Risk Regulation . 2020 Mar 1;11(1):109-130. doi: 10.1017/err.2019.64

Author

Macculloch, Angus ; Bartlett , Oliver. / Evidence and Proportionality in Free Movement Cases : The Impact of the Scotch Whisky Case. In: European Journal of Risk Regulation . 2020 ; Vol. 11, No. 1. pp. 109-130.

Bibtex

@article{68a886f1cb6042adbc96f6e84b3562cd,
title = "Evidence and Proportionality in Free Movement Cases: The Impact of the Scotch Whisky Case",
abstract = "Market interventions to protect public health are likely to be subject to EU law challenge as contrary to the free movement rules. In Scotch Whisky the CJEU stressed the importance of defined public health objectives and supporting evidence in the analysis of whether interventions are justified as {\textquoteleft}appropriate{\textquoteright} and {\textquoteleft}necessary{\textquoteright}. This article considers the wider implications of this judgment for the application of the proportionality test in free movement cases and in the case of innovative interventions that are adopted on a complex evidence base. The article argues that the unusual development that Scotch Whisky made to the CJEU{\textquoteright}s wider trend towards greater engagement with evidence should be treated with caution, and that it is possible for national courts to apply the new guidance on the role of evidence in the proportionality analysis with sensitivity. The article also argues that policymakers must now be more aware of how they frame innovative interventions and the evidence supporting them. ",
keywords = "EU Law, Free Movement, Public Health, Proportionality, Alcohol Pricing, Evidence, Framing",
author = "Angus Macculloch and Oliver Bartlett",
note = "https://www.cambridge.org/core/journals/european-journal-of-risk-regulation/article/evidence-and-proportionality-in-free-movement-cases-the-impact-of-the-scotch-whisky-case/9541D8F24CD3DEA051E41629CEF45AB1 The final, definitive version of this article has been published in the Journal, European Journal of Risk Regulation, 11, 1, pp 109-130 2020, {\textcopyright} 2020 Cambridge University Press.",
year = "2020",
month = mar,
day = "1",
doi = "10.1017/err.2019.64",
language = "English",
volume = "11",
pages = "109--130",
journal = "European Journal of Risk Regulation ",
issn = "1867-299X",
publisher = "Lexxion",
number = "1",

}

RIS

TY - JOUR

T1 - Evidence and Proportionality in Free Movement Cases

T2 - The Impact of the Scotch Whisky Case

AU - Macculloch, Angus

AU - Bartlett , Oliver

N1 - https://www.cambridge.org/core/journals/european-journal-of-risk-regulation/article/evidence-and-proportionality-in-free-movement-cases-the-impact-of-the-scotch-whisky-case/9541D8F24CD3DEA051E41629CEF45AB1 The final, definitive version of this article has been published in the Journal, European Journal of Risk Regulation, 11, 1, pp 109-130 2020, © 2020 Cambridge University Press.

PY - 2020/3/1

Y1 - 2020/3/1

N2 - Market interventions to protect public health are likely to be subject to EU law challenge as contrary to the free movement rules. In Scotch Whisky the CJEU stressed the importance of defined public health objectives and supporting evidence in the analysis of whether interventions are justified as ‘appropriate’ and ‘necessary’. This article considers the wider implications of this judgment for the application of the proportionality test in free movement cases and in the case of innovative interventions that are adopted on a complex evidence base. The article argues that the unusual development that Scotch Whisky made to the CJEU’s wider trend towards greater engagement with evidence should be treated with caution, and that it is possible for national courts to apply the new guidance on the role of evidence in the proportionality analysis with sensitivity. The article also argues that policymakers must now be more aware of how they frame innovative interventions and the evidence supporting them.

AB - Market interventions to protect public health are likely to be subject to EU law challenge as contrary to the free movement rules. In Scotch Whisky the CJEU stressed the importance of defined public health objectives and supporting evidence in the analysis of whether interventions are justified as ‘appropriate’ and ‘necessary’. This article considers the wider implications of this judgment for the application of the proportionality test in free movement cases and in the case of innovative interventions that are adopted on a complex evidence base. The article argues that the unusual development that Scotch Whisky made to the CJEU’s wider trend towards greater engagement with evidence should be treated with caution, and that it is possible for national courts to apply the new guidance on the role of evidence in the proportionality analysis with sensitivity. The article also argues that policymakers must now be more aware of how they frame innovative interventions and the evidence supporting them.

KW - EU Law

KW - Free Movement

KW - Public Health

KW - Proportionality

KW - Alcohol Pricing

KW - Evidence

KW - Framing

U2 - 10.1017/err.2019.64

DO - 10.1017/err.2019.64

M3 - Journal article

VL - 11

SP - 109

EP - 130

JO - European Journal of Risk Regulation

JF - European Journal of Risk Regulation

SN - 1867-299X

IS - 1

ER -