EU Terrible news from TW's legal challenge

[Jorge22]

She goes as far as using the old notion that ecigs can be a gateway to smoking... Corrupts.

http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-12/cp150154en.pdf

 

[Falconeer]

As expected - bought and paid for by BIg tobacco and Big Pharma!

 

[Mr.Mann]

It may be naive or just wishful thinking, but I really was hoping TW would prevail.

Big Money knows no borders.

 

[bigdancehawk]

She goes as far as using the old notion that ecigs can be a gateway to smoking... Corrupts.

http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-12/cp150154en.pdf

What is the "principle of subsidiarity"?

 

[LaraC]

What is the "principle of subsidiarity"?

I wasn't familiar with that term either.

Glossary of summaries - EUR-Lex

Subsidiarity
The principle of subsidiarity is defined in Article 5 of the Treaty on European Union. It aims to ensure that decisions are taken as closely as possible to the citizen and that constant checks are made to verify that action at EU level is justified in light of the possibilities available at national, regional or local level.

Specifically, it is the principle whereby the EU does not take action (except in the areas that fall within its exclusive competence), unless it is more effective than action taken at national, regional or local level. It is closely bound up with the principle of proportionality, which requires that any action by the EU should not go beyond what is necessary to achieve the objectives of the Treaties.
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You may have already seen Clive Bates's explanation of Totally Wicked's legal challenge:
Totally Wicked legal challenge to the Tobacco Products Directive e-cigarette measures « The counterfactual

Partway down the page Clive wrote:

Grounds for challenge – specifics

3. Principle of subsidiarity

102-103 the case for harmonisation through single market legislation is weak and not adequately justified, and that the only justification made related to the different treatment of e-cigarettes as medicines – which is not relevant under the finalised TPD.

[Note: I don’t think this is a particularly strong rationale in practice, even if it works in law – in many ways the directive allows too much member state discretion – e.g. on banning flavours, distance selling, and arbitrary classification of e-cigarettes as medicines etc – they are right however that no adequate justification has been made under subsidiarity principle for the EU assuming the competence to impose these harmonising measures]

 

[edyle]

TW = Totally Wicked.
A vape related supplier.