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The Law Is Elastic but Does Not Bend : A Literal Interpretation of European Union Chemical Legislation Could Leave Health and the Environment Unprotected

Title data

Ribes Ortega, Carme:
The Law Is Elastic but Does Not Bend : A Literal Interpretation of European Union Chemical Legislation Could Leave Health and the Environment Unprotected.
In: European Journal of Risk Regulation. Vol. 14 (2023) Issue 3 . - pp. 612-625.
ISSN 2190-8249
DOI: https://doi.org/10.1017/err.2023.41

Abstract in another language

This piece addresses Case C-458/19 P before the Court of Justice of the European Union (CJEU) concerning a substance of long-term exposure, namely bis(2-ethylhexyl) phthalate (DEHP). The case concerned the interplay of two complex procedures of European chemical law, namely: the procedure for authorising the use of a substance listed in Annex XIV of Regulation (EC) No 1907/2006 (REACH Regulation); and the procedure for listing a substance in Annex XIV of the REACH Regulation on the basis of its intrinsic properties as a substance of very high concern for the risks it poses, or may pose, to human and environmental health. The significance of this judgment is that it provides a better understanding of how Article 60(4) of the REACH Regulation is interpreted in an analogous manner in relation to other provisions of the same Regulation. Whether DEHP is a question of reproductive toxicity (Article 57(c) of the REACH Regulation) or endocrine-disrupting properties (Article 57(f) of the REACH Regulation), this judgment offers insights into the limits of the CJEU’s willingness and/or ability to use a teleological approach to interpret legislation in this area. Furthermore, this work supports the possibility of applying the principle of intergenerational equity to issues related to long-term exposure such as this one.

Further data

Item Type: Article in a journal
Refereed: Yes
Keywords: Authorisation procedure; bis(2-ethylhexyl) phthalate (DEHP); endocrine-disrupting properties; intergenerational equity; long-term exposure
Institutions of the University: Faculties > Faculty of Life Sciences: Food, Nutrition and Health > Chair Food Law > Chair Food Law - Univ.-Prof. Dr. Kai Purnhagen
Faculties
Faculties > Faculty of Life Sciences: Food, Nutrition and Health
Faculties > Faculty of Life Sciences: Food, Nutrition and Health > Chair Food Law
Result of work at the UBT: Yes
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 25 Jul 2023 08:51
Last Modified: 15 May 2024 10:06
URI: https://eref.uni-bayreuth.de/id/eprint/86298