Managing Diversity II

Cambridge University Press eBooks, pp. 217–243

Abstract

Chapter 8 approaches diversity through cultural and moral lenses. It concerns the acceptance of EU intervention, the legitimacy of its action in a sensitive field, ripe with moral and ethical controversies. The EU’s approach can broadly be divided into three strands, which are not mutually exclusive. The first is the Europeanisation of choice, most apparent in tobacco regulation, where the EU has adopted a quasi-prohibitionist stance with seemingly broad support from Member States. Strikingly, this occurs in the absence, both legally and politically, of arguments grounded in individual rights and autonomy. The second is an approach of insulation, relevant to alcohol and certain ‘heritage’ foods, where national regulatory choices remain shielded from European influence, either because of the EU’s reluctance to act or because of political deadlock. The third concerns the application of proportionality in free movement cases, and the extent to which cultural and moral arguments are accommodated in the adjudication of national restrictive measures.

Authors 1

1. Vincent Delhomme corresponding Aachen

   Leiden University

   Affiliation as printed

   Leiden University