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European Regulation of Consumer Product Safety$
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Christopher Hodges

Print publication date: 2005

Print ISBN-13: 9780199282555

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199282555.001.0001

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(p.21) 2 Introduction
European Regulation of Consumer Product Safety

Christopher Hodges

Oxford University Press

This chapter outlines the essential structure of the Community's product regulatory legislation. It introduces the other chapters of this part of the book. The next chapter examines the constitutional basis of the legislation under Community law. This is important because the Community has competence to legislate only to the extent permitted by its Member States and specified in the EC Treaty. The examination needs to identify the jurisdictional basis of the legislation, and whether the legislation has been properly based. This chapter also explains that the Community has power to legislate only where there are distortions in or barriers to trade within the market, and the legislation remains to be interpreted essentially in accordance with this power. This finding raises the issue, which is considered further in a different chapter, of whether legislation whose real primary function is to ensure human safety should legally be placed on a different basis.

Keywords:   regulatory legislation, Community law, Member States, EC Treaty, human safety

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