Kolizje właściwości w nadzorze nad żywnością
Jurisdiction problems occurring in food supervision

Author(s): Michał Rudy, Agata Kosińska-Madera
Subject(s): Public Administration
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: conflict-of-law rules; competence dispute; food and nutrition safet;, Veterinary Inspection; State Sanitary Inspection
Summary/Abstract: The existence of a legal norm in the administrative law system constitutingthe basis of action (and most often in a ruling manner) ina given administrative case and determining the competence of a publicadministration body to apply such norm is the basis for the implementationof the principle of the rule of law. Inflation of food law rules,however, makes the above an extremely difficult task, primarily due tothe ambiguity and exclusion of legal norms. The aim of the article is topoint to the competence problem in the field of food safety supervision,appearing in particular between the Veterinary Inspection and the StateSanitary Inspection during supervision over the production of compositefood and the processing of animal origin food in the context of retailtrade. The article has been divided into preliminary remarks concerningthe conflict-of-law rules and detailed ones concerning the problem of thesituation indicated above. An important part of the considerations is theintroduction of areas in which legislative action is necessary (supervisionover the production of composite food consisting simultaneously of vegetableorigin food and unprocessed food of animal origin).

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