@article{2025:delhomme:where_mark,
title = {Where Market and Health Collide: The Limits of Policy Experimentation in EU Prevention of Non-Communicable Diseases and Tobacco Control},
year = {2025},
note = {European Union (EU) policy on non-communicable diseases (NCDs) is
primarily conducted through Article 114 Treaty on the Functioning of
the European Union (TFEU). This contribution submits that the use of
this provision to regulate unhealthy consumptions – tobacco, food,
and alcoholic beverages – gives rise to a number of constitutional
tensions and malfunctions, regarding in particular the principles of
subsidiarity, conferral and the use of minimum harmonisation. This is
due both to the economic nature of the EU’s internal market powers
and the characteristics of lifestyle-related health risks as a
regulatory object. This affects, as a result, the clarity and
legitimacy of EU action in the field, as well as undermines the
quality of the legislation and the level of public health protection.
To tackle these problems, a Treaty change would be the best way
forward, which could be paired to the broader reforms necessary to the
building of a strong and balanced EU Health Union.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {1095--1118},
author = {Delhomme, Vincent},
volume = {85},
number = {4}
}