Kai P. Purnhagen

Kai P. Purnhagen
University of Bayreuth · Faculty of Life Sciences: Food Nutrition and Health

Professor

About

218
Publications
42,758
Reads
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929
Citations
Citations since 2016
135 Research Items
840 Citations
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Introduction
Kai P. Purnhagen is a Professor of Law and holds the Chair for Food Law at the University of Bayreuth. He teaches and researches in the areas of EU law, International Economic Law, Private Law, Interdisciplinary Legal Analyis, Comparative Law.
Additional affiliations
May 2017 - May 2019
Wageningen University & Research
Position
  • Professor (Associate), Research Coordinator
September 2013 - present
Erasmus University Rotterdam
Position
  • Distinguished International Visitor
September 2013 - March 2016
Wageningen University & Research
Position
  • Professor (Assistant), Research Coordinator
Education
August 2007 - January 2011
European University Institute
Field of study
  • EU Law
August 2006 - May 2007

Publications

Publications (218)
Article
Full-text available
In Scotch Whisky Association, the Court of Justice held that a minimum unit pricing mechanism on alcoholic drinks constituted a measure equivalent to a quantitative restriction under Art. 34 TFEU, because it prevents the lower cost price of imported products being reflected in the selling price to the consumer, and therefore hinders market access....
Article
Full-text available
EU law establishes an internal market. To achieve that goal, it acts to a large extent as a regulator, setting standards. These standards are often legally binding inside of the jurisdiction of the European Union, but increasingly travel beyond the borders of the European Union on the back of the traded goods. In some areas, this leads to a “Brusse...
Article
Full-text available
This paper discusses the new governmental policy strategy on “Effectice Governance”, recently introduced by the German Chancellery. It looks at the potential consequences of such a strategy for both regulation and law in Germany. The paper starts out with explaining the concept of behaviorally based regulation. It then compares the regulatory appro...
Chapter
This piece analyses the CJEU’s Bablok Case from the perspective of law and economics. It uses doctrinal and economic argumentation to test its effects on international trade as well as on the legal order of the EU. It tests whether these insights live up to the expectations of the lawmaker. Furthermore, it makes policy recommendations how these ins...
Preprint
Nutritional labelling aims to promote informed food choices. This includes labels providing information about the nutrients and health-related qualities of a product. Little is known about their impact on product perceptions. Interestingly, despite of the lack of data, such claims are subject to heavy regulation in the European Union. Studies on th...
Article
This article examines different forms of technological collaboration between Member States’ public administrations as currently present in the EU, namely institutional and transactional, drawing from examples in two sectors – telecommunications and food. The article argues that different collaboration forms can be explored more systematically by po...
Article
Regulation (EU) No. 2283/2015 on novel foods (NFR) defines the legal framework applicable to the majority of food innovations in the European Union. Following a risk analysis approach, the NFR requires pre-market authorization for foods not available on the European market before 1997, to assess the potential threats to human health and consumers'...
Article
Full-text available
The sustainability of complex contractual governance in "hotbeds" depends on steering principles. Ostrom's design principles provide an analytical framework for robust institutions that enable collective action and cooperative behaviour. The success of Ostrom's design principles depends on the capacity of social entities to self-govern. This articl...
Article
Full-text available
Many developments in the bioeconomy depend on the use of genetically modified microorganisms (GMMs). GMMs are used in bioreactors to convert biomass into food, feed, and energy products. The recent judgment by the Court of Justice of the European Union on gene editing technologies has affected the use of GMMs. A heated debate has started on whether...
Article
Full-text available
What type of enforcement is the most effective to punish violations of food law or to prevent them from occurring in the first place? This article examines the question of which mix of private and public enforcement exists in European Union (EU) food law and whether this mix corresponds to the recommendations of existing social science research. Ba...
Article
What type of enforcement is the most promising to effectively punish violations of food law or to prevent them from occurring in the first place? This article examines the question of an optimal institutional design for the enforcement of food law. What mix of private and public enforcement does existing research from social science recommend? A re...
Technical Report
Full-text available
This report concerns food law provisions applicable to mushroom and mycelium products (MMP) produced or marketed in the EU. The objective of the report is to map the regulatory environment governing mushrooms and mycelium products, highlighting gaps in EU law and pinpointing to areas of further research. Our findings show that the sector is sti...
Preprint
Full-text available
This article examines different forms of technological collaboration between Member States' public administrations as currently present in the EU, namely institutional and transactional, drawing from examples in two sectors-telecommunications and food. The article argues that different collaboration forms can be explored more systematically by poli...
Article
Full-text available
Findings from behavioural research are gaining increased interest in EU legislation, specifically in the area of unfair commercial practices. Prior research on the Mars case (Purnhagen and van Herpen 2017) has left open whether empirical evidence can provide an indication that this practice of using oversized indications of additional volume alters...
Article
Full-text available
The European Commission’s Farm to Fork (F2F) strategy, under the European Green Deal, acknowledges that innovative techniques, including biotechnology, may play a role in increasing sustainability. At the same time, organic farming will be promoted, and at least 25% of the EU’s agricultural land shall be under organic farming by 2030. How can both...
Article
I will illustrate how the ‘old’ European Union (EU) legal regime on genetically modified organisms (GMOs) is applied to regulate new plant breeding technologies (NPBT). I will discuss why and how this results in what elsewhere had been called ‘legal disruption’. Legal disruption will occur once legal rules which were initially confined to a specifi...
Article
Agricultural law in the European Union (EU) is often referred to as a special sector, which operates largely in isolation from other provisions governing the internal market. Latest legislative, political and judicial advances push for realisation of policy consideration stipulated outside of the provisions on agriculture in the Treaties. Against t...
Chapter
This chapter discusses how novel foods are regulated in the EU, US, and elsewhere. It reviews some of the reasons why novel foods might be regulated and how such regulatory goals can be accomplished. Regulation of novel foods is the policy maker's reaction to the unknown, although what is novel today may not be novel tomorrow. Indeed, the novel foo...
Article
Full-text available
The Covid-19 pandemic has the potential to act as a much-needed trigger for changes to the European Union regulations around genetically modified organisms (GMOs). There are two main reasons for this potential development. Firstly, the majority of vaccines under development would fall under Directive 2001/18 on the release of GMOs into the environm...
Chapter
Limits of the implementation of findings from behavioural science into law and policy are increasingly recognized in the literature. In this contribution, we analyse the example of alcohol nutrition labelling to show the potential and the limits of how behavioural science can be meaningfully used to inform policy makers. We first explain what we un...
Article
Full-text available
Findings from behavioural research are gaining increased interest in EU legislation, specifically in the area of unfair commercial practices. Prior research on the Mars case (Purnhagen and van Herpen 2017) has left open whether empirical evidence can provide an indication that this practice of using oversized indications of additional volume alters...
Article
Full-text available
The paper critically evaluates the current Indonesian genetically modified (GM) food labeling regime as it is embedded in the international trade law and policy system. This research proposes a GM food labeling regulation for Indonesia based on the socio-economic demands of Indonesia on the one hand and the demands of international trade law and po...
Preprint
Full-text available
Potential members of the WTO increasingly find themselves exposed to sustainability scrutiny in WTO accession negotiations. This contribution maps this phenomenon by first discussing the potential effects an accession to the WTO can have on urban and rural development. Subsequently, we look into the legal and factual procedures of WTO accession, be...
Article
Full-text available
br/> New plant breeding technologies (NPBTs), including CRISPR gene editing, are being used widely, and they are driving the development of new crops. They are nevertheless a subject of criticism and discussion. According to a summer 2018 interpretation by the Court of Justice of the European Union (CJEU) applying an absolute interpretation of the...
Preprint
Full-text available
The paper discusses how novel foods are regulated in the EU, US, and elsewhere. It reviews some of the reasons novel foods might be regulated and how such regulatory goals can be accomplished. Regulation of novel foods is the policy maker’s reaction to the unknown, although what is novel today may not be novel tomorrow. Indeed, the novel food indus...
Preprint
Full-text available
This article examines to what extent EU law influences standards for geographical indications (GI) control beyond the EU’s regulatory borders. In light of the concept of the “Brussels Effect” and taking a socio-legal comparative methodological approach, it analyzes and compares how the EU and Thailand regulate and implement GI controls in practice....
Preprint
Full-text available
New plant breeding technologies (NPBTs), including CRISPR gene editing, are being used widely, and they are driving the development of new crops. They are nevertheless a subject of criticism and discussion. According to a summer 2018 interpretation by the Court of Justice of the European Union (CJEU), European Union (EU) law makes most NPBTS subjec...
Article
In Organisation juive européenne, Vignoble Psagot Ltd v Ministre de l'Économie et des Finances (Organisation juive européenne) (C-363/18), the Court of Justice of the European Union (CJEU or Court) was tasked with deciding what information on its country of origin or place of provenance is mandatory for business according to existing European legis...
Preprint
Full-text available
The Commission's recently launched its new "farm to fork" strategy. An important input to the formulation of such kind of strategies are the reports of the scientific advisors. One of such preparatory reports for the "farm to fork" strategy is the Group of Chief Scientific Advisors' report "Towards a sustainable food system". We carefully evaluate...
Preprint
Full-text available
This piece investigates whether liability of Member States resulting from EU law can be used as a tool for the enforcement of EU climate change law vis-à-vis the Member States. Thereby, we deploy a broad notion of EU Member State liability that covers all types of financial sanctions that follow from non-compliance with legal obligations under EU c...
Article
Full-text available
This article investigates the codification of the average consumer concept in secondary legislation and its interpretation in the Court of Justice of the European Union (CJEU)'s case law, using doctrinal and empirical methods. We first identify all secondary legislation explicitly using the 'average consumer' in its wording and respective case law....
Article
Full-text available
The European Union (Union) response to COVID-19 has been viewed as underwhelming. Observers are puzzled as to why a threat that seems so similar in severity is evoking such a variety of responses from Union Member States. To combat COVID-19, unlike its Member States, the Union may act “only within the limits of the competences conferred upon it by...
Article
For almost two years, President Donald J. Trump’s administration has been blocking the appointment of new members of the Appellate Body (AB) of the World Trade Organization (WTO), preventing the vacancies from being filled and compromising the ability of the system to solve problems. The concern is that the US is weakening the Dispute Settlement Un...
Preprint
Full-text available
In Case C-363/18 Organisation juive européenne, Vignoble Psagot Ltd v Ministre de l’Économie et des Finances (“Occupied Territories case”), the Court of Justice of the European Union (CJEU or Court) was tasked with deciding what information on its country of origin or place of provenance is mandatory for business according to existing European legi...
Article
Here, we discuss options to reform the EU genetically modified organism (GMO) regulatory framework, to make risk assessment and decision-making more consistent with scientific principles, and to lay the groundwork for international coherence. We discussed the scope and definitions in a previous article and, thus, here we focus on the procedures for...
Article
We discuss options to reform the EU genetically modified organism (GMO) regulatory framework, make risk assessment and decision-making more consistent with scientific principles, and lay the groundwork for international coherence. In this third of three articles, we focus on labeling and coexistence as well as discuss the political reality and pote...
Article
Full-text available
We discuss options to reform the EU genetically modified organisms (GMO) regulatory framework, make risk assessment and decision-making more consistent with scientific principles, and lay the groundwork for international coherence. The first in a three-part series, this article focuses on reform options related to the scope of the legislation and t...
Article
New plant breeding technologies (NPBTs), including CRISPR gene editing, are being used widely, and they are driving the development of new crops. They are nevertheless a subject of criticism and discussion. According to a summer 2018 interpretation by the Court of Justice of the European Union (CJEU) applying an absolute interpretation of the preca...
Chapter
EU food law has grown of age. From a study adjacent to the law of the free movement of goods, it increasingly matures as an own area of law, competing at eye level with agricultural law. This chapter provides a very short introduction into the rationale of EU food law and the major legal acts, which describe this area. The rigorous application of t...
Chapter
In light of Brexit and rise of populist movement questioning the European Union (EU), institutional reforms are being discussed widely across society. I will discuss three proposals that, according to my subjective view, had most impact on the discussion and may also represent the several images, as each one of them gives different reasons to the c...
Chapter
Full-text available
Articles 38–44 (Title III) of the Treaty on the Functioning of the European Union (TFEU) govern the European Union (EU)’s Common Agricultural Policy (CAP). Article 38 of the Treaty of Rome in 1957 laid down the establishment of a common market for agricultural products and Article 39 set up a CAP, which was subsequently largely decoupled from the r...
Chapter
In his speech in Zurich in September 1946, Winston Churchill called for a United States of Europe coalition modelled on the United States of America. The past had taught that international peace treaties were no effective means to keep peace in Europe on a sustainable basis. This chapter outlines the historical steps of the European integration pro...
Chapter
This chapter discusses the link between bioeconomy economics and policies and economic theory. Starting from the measurement of well-being, the link to the importance of irreversibility is established and the importance is stressed of a detailed understanding of the current situation (state of nature). This includes the situation of the agricultura...
Chapter
This chapter outlines the institutions which govern the European Union (EU) as well as the decision-making process accompanied with it. This includes the European Council, the European Parliament and the European Commission. The function, composition as well as the procedures which are followed by the institutions will be introduced. Furthermore, t...
Book
Full-text available
Die Landwirtschaft in Deutschland, Europa und weltweit befindet sich in einem dramatischen Umbruchprozess. Einerseits bieten Liberalisierung und Marktöffnung, neue technologische Entwicklungen, die wachsende Weltbevölkerung und neue Kundenwünsche vielen landwirtschaftlichen Betrieben neue Möglichkeiten. Andererseits stehen viele Landwirtinnen und L...
Chapter
Full-text available
Auf Basis einer systematischen Literaturrecherche umreißt dieses Kapitel den Sachstand zu den Wechselwirkungen zwischen Landwirtschaft und natürlichen Ressourcen in Deutschland. Der Fokus liegt auf der Beeinflussung der Naturressourcen Boden, biologische Vielfalt, Klima, Landschaftsbild, Luft und Wasser durch die Wirkfaktoren stoffliche Einträge un...
Chapter
Das Schlusskapitel reflektiert die Vorgehensweise des ZA-NExUS-Projekts, fasst die wesentlichen Ergebnisse zusammen und formuliert den weiteren Forschungs- und Entwicklungsbedarf. ZA-NExUS wird als entschieden inter- und transdisziplinäres Projekt an der Schnittstelle von Wissenschaft und Politik beschrieben, dessen fächerübergreifende Zusammensetz...
Chapter
Full-text available
Dieses Kapitel präsentiert ein Leitbild für eine multifunktionale, natur- und umweltverträgliche Landwirtschaft sowie 15 Leitlinien für eine zukunftsfähige Agrarpolitik. Leitbild und Leitlinien versuchen, eine Brücke zwischen der derzeit vorherrschenden Produktions- und Einkommensorientierung der Agrarpolitik und den Anliegen des Natur- und Umwelts...
Chapter
Dieses Kapitel diskutiert die verschiedenen Instrumente der Agrarpolitik im Hinblick auf ihren Beitrag zur Realisierung des Leitbilds einer multifunktionalen, natur- und umweltverträglichen Landwirtschaft: Ordnungsrecht und gesetzliche Mindeststandards für die landwirtschaftliche Praxis, Budgetausstattung und -aufteilung, flächenbezogene Direktzahl...
Chapter
Dieses Kapitel stellt eine Analyse der Stärken, Schwächen, Chancen und Risiken der gemeinsamen Agrarpolitik der EU aus Sicht des Natur- und Umweltschutzes vor. Das Ergebnis ist ambivalent: Einerseits bildet die Gemeinsame Agrarpolitik einen stabilen institutionellen Rahmen mit guter Finanzausstattung und vielen umweltpolitischen Instrumenten. Ander...
Chapter
Full-text available
Dieses Kapitel formuliert und bewertet drei strategische Optionen für den ergebnisorientierteren Einsatz der erheblichen Finanzmittel der Agrarpolitik: (1) eine stärkere Verknüpfung der Direktzahlungen mit der Erbringung von öffentlichen Leistungen, etwa durch anspruchsvollere Cross-Compliance- und Greening-Anforderungen, (2) eine Mittelumschichtun...
Chapter
Dieses Kapitel zeigt auf, dass eine institutionelle Pfadabhängigkeit der Gemeinsamen Agrarpolitik der Europäischen Union zu einer historisch verfestigten Sonderstellung des Agrarsektors geführt hat. In der Folge dominieren einkommenspolitische Ziele die Agrarpolitik. Natur- und Umweltschutzanliegen bleiben randständig und müssen vorwiegend mit ordn...
Chapter
Dieses Policy-Paper ist das wichtigste Ergebnis des ZA-NExUS-Projekts, das wissenschaftlich basierte Optionen für die künftige Ausgestaltung der Agrarpolitik aus der Perspektive des Natur- und Umweltschutzes formulieren sollte. Es wurde im Januar 2017 auf einer Pressekonferenz mit der damaligen Bundesministerin Dr. Barbara Hendricks der Öffentlichk...
Article
Confédération paysanne and Others concerned the question whether all genetically modified products derived from mutagenesis are under the same regulatory scrutiny as conventional Genetically Modified Organisms (GMOs). According to Art. 3 (1) in connection with its Annex I B (1) of Directive 2001/18/EC (hereinafter release Directive), the release Di...
Chapter
The structure of the chapter is as follows: First we will illustrate the relationship of the average consumer benchmark in secondary legislation to the Court’s case law. We will show that out of all secondary legislation which explicitly uses the “average consumer” in its wording, jurisprudence has only dealt with the UCPD. While we acknowledge tha...
Chapter
Full-text available
This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, Euro...
Preprint
Full-text available
This contribution looks into two questions: First, can we observe a paradigm shift in internal market policy moving from the establishment of a supranational institution to managing diversity? Second, if so, what are the consequences for EU law? Based on a critical analysis of a selection of internal market legislation and adjudication, I will conc...
Preprint
Full-text available
For almost two years, President Donald J. Trump´s administration has been imposing a blockade over the appointment process of new members of the Appellate Body (AB) of the World Trade Organisation (WTO), preventing the vacancies from being filled and compromising the ability of the system to solve problems. Concerned with the WTO´s rulings and proc...
Preprint
Full-text available
Within the EU, the agricultural market has been treated as an exceptional sector, to which rules of EU law such as free movement law, competition law, environmental law and consumer law apply only in exceptional cases, and conditional on their contribution to the goals of the Common Agricultural Policy (CAP). This exceptional treatment has been muc...
Chapter
The Internal Market and the Future of European Integration - edited by Fabian Amtenbrink April 2019
Preprint
Full-text available
At the surface, Confédération paysanne and Others concerns the question whether all GM products derived from mutagenesis are under the same regulatory scrutiny as conventional Genetically Modified Organisms (GMOs). In this capacity the judgment has been widely discussed from several angles. I dig a bit deeper and analyse the policy choices regardin...
Technical Report
Full-text available
This study, commissioned by the PETI Committee of the European Parliament, provides a brief overview of the relevant EU labelling legislation Member States have to comply with, with regard to labelling of food, including organic products, for consumers, with emphasis on the requirements of Regulation (EU) No 1169/2011. It critically assesses these...
Preprint
Full-text available
This article investigates the links of the average consumer concept in secondary legislation and the Court’s case law, using doctrinal and empirical methods. It addresses five research questions: How is the average consumer test conceptualised? How does the CJEU test the average consumer? How is the average consumer characterized? Who decides who t...
Preprint
Full-text available
The exemption for alcoholic beverages from the nutrition declaration is currently discussed by policy makers. In this contribution, we use findings from consumer studies in order to analyse alcohol nutrition labelling. We first explain how alcohol nutrition labelling is currently regulated and survey the on-going policy process, including an analys...
Article
In July 2018 the Court of Justice of the European Union (CJEU) ruled that organisms obtained from most New Plant Breeding Technologies (NPBT) fulfil the requirements of the GMO definition of Directive 2001/18. Practically, organisms created with NPBT have since been legally treated as GMOs. While we do not seek to contest the judgment in itself, in...
Article
This report examines the pending Proposal for a directive on unfair trading practices in business-to-business relationships in the food supply chain, and its proposed amendments. It provides a general overview of the current content of the Proposal and analyses the proposed rules from a legal perspective. We find that: (1) the CAP legal basis may p...
Article
Full-text available
New Plant Breeding Technologies (NPBTs), including CRISPR gene editing, are widely used and drive the development of new crops. However, these new technologies are disputed, creating uncertainty in how applications of these technologies for agricultural and food uses will be regulated. While in North America regulatory systems respond with a differ...
Research
Full-text available
On 9 October 2018, the Civil Division of the The Hague Court of Appeal in the Netherlands has delivered its judgment on the appeal of the ‘Urgenda case’ The Court imposed an order to act on the Dutch government to adjust its policy from 20% to achieve a 25% emission reduction by 2020, compared to 1990 levels (paras 51 and 75). The judgment confirme...
Article
Full-text available
The implementation of nature conservation initiatives is one of the major factors in successfully securing sustainability. According to social science literature, bottom-up approaches that build on community engagement are preferred over top-down approaches because the establishment of nature conservation relies on mutual agreement and non-opportun...
Article
Full-text available
New plant breeding technologies (NPBTs) allow biotic and abiotic problems in crop production to be addressed much faster more precisely than conventional ones. Legal regulations governing the use of technologies vary from country to country. Above all the latest ruling by the European Court of Justice has sparked debate. Our authors look at the imp...
Book
This two-volume book provides an important overview to EU economic and policy issues related to the development of the bioeconomy. What have been the recent trends and what are the implications for future economic development and policy making? Where does EU bioeconomy policy sit within an international context and what are the financial frameworks...
Book
This two-volume book provides an important overview to EU economic and policy issues related to the development of the bioeconomy. What have been the recent trends and what are the implications for future economic development and policy making? Where does EU bioeconomy policy sit within an international context and what are the financial frameworks...
Preprint
Full-text available
Legal research has a longstanding and proud tradition in Germany. German academia has always had assessment procedures in place to ensure the quality of legal research and teaching. However, there has been little study of legal research evaluation itself, its effectiveness and ‘fit[ness] for purpose’. A general evaluation of the state of legal scho...
Article
A special regulatory regime applies to products of recombinant nucleic acid modifications. A ruling from the European Court of Justice has interpreted this regulatory regime in a way that it also applies to emerging mutagenesis techniques. Elsewhere regulatory progress is also ongoing. In 2015, Argentina launched a regulatory framework, followed by...
Preprint
Full-text available
In July 2018 the Court of Justice of the European Union (CJEU) ruled that organisms obtained from most New Plant Breeding Technologies (NPBT) such as CRISPR/Cas fulfil the requirements of the GMO definition of Directive 2001/18. Practically, organisms created with NPBT are since legally treated as GMOs. While we do not seek to contest the judgment...
Preprint
Full-text available
On 12 April 2018, the European Commission published a Proposal for a directive on unfair trading practices in business-to-business relationships in the food supply chain, COM(2018) 173 final (‘UTPD’). Currently, the European Parliament and the Council review the proposal. In this paper, we provide an overview of the issue of Unfair trading practice...