Risk and EU law

Risk and EU Law considers the multiple reasons for the increase in the types and diversity of risks, as well as the potential magnitude of their undesirable effects. The book identifies such reasons as; the openness of liberal societies; market competition; the constant endeavour to innovate; as well as globalization and the impact of new technologies. It also explores topics surrounding the social epistemology of risk observation and management, the role of science in political and judicial decision-making and transnational risk regulation and contractual governance. Although the assessment and management of risk has always been an integral part of government and private decision-making, it has acquired particular importance in contemporary politics. Developments such as the global financial crisis of 2008, the ensuing Eurozone crisis, the rise in international terrorism, and natural disasters have brought to the fore the importance of risk management. As the competence of the EU has expanded, the presence of EU law in risk control has increased significantly. This book seeks to provide an analysis of EU risk regulation in various sectors, examining some key concepts and transversal themes, as well as focusing on sector specific regulation. The contributors explore the social epistemology of risk observation and management, risk modelling, the role of science in political and judicial decision-making, in addition to transnational risk regulation and contractual governance. They examine EU regulation, among others, in the field of terrorism prevention, external relations, food regulation and financial supervision. This book will be of interest to law scholars, social scientists and students, whilst lawmakers and lawyers will also benefit from the practical insights of its expert authors.

Introduction Hans-W. Micklitz and Takis Tridimas 1. Risk and the Regulatory State – Various Aspects Regarding Safety and Security in the Fields of Technology and Health Klaus Vieweg 2. Risk Assessment and Risk Management in Economics Andreas Oehler, Tim Herberger, Stefan Wendt and Andreas Höfer 3. The Social Epistemology of Risk Observation and Management - Modern Law and the Transformation of its Cognitive Infrastructure Karl-Heinz Ladeur 4. Risk in Three Dimensions: The EU-US Agreement on the Processing and Transfer of Financial Messaging Data Marise Cremona 5. Managing the Unmanageable: The European Union and Terrorism Jan Wouters and Sanderijn Duquet 6. EU Risk Regulation: The Role of Science in Political and Judicial Decision-making Marjolein B.A. van Asselt and Ellen Vos 7. The Emergence of EU Lifestyle Risk Regulation: New Trends in Evidence, Proportionality and Judicial Review Alberto Alemanno and Amandine Garde 8. Transnational Risk Regulation and Contractual Governance Fabrizio Cafaggi 9. Systemic Risk and Macroprudential Regulation Franklin Allen and Elena Carletti 10. Financial Crisis and Global Financial Regulation Christopher Kobrak and Donald Brean