European Commission's powers to ban products

A recently reported decision of the European Court of Justice (ECJ) has upheld the validity of delegated powers given to the European Commission to require restrictions on the marketing of specific products throughout the Community. The case was concerned with safety risks to consumers, but the principles could be applicable to the environmental field, and the case has raised important constitutional questions concerning both the scope of harmonising Directives and the nature of powers that can be granted to the Commission in technically complex fields.

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