The European Union, its Court of Justice and “super-stewardship” in public health

Authors

  • Tamara K Hervey University of Sheffield

Abstract

Brownsword et al.’s concept of stewardship relies on the notions of intervention ladders' and of 'productive disconnection' and 'intelligent purposive reconnection' between the written texts of the law and developments in science, society and the interface between the two. This article argues that 'superstewardship' (a modified version of stewardship applicable at the supranational level) provides an appropriate standpoint for analysis and assessment of the European Union’s (EU) law and policy-making institutions in the area of public health. The article gives a preliminary illustration of how superstewardship might be used in this way. The overall argument is that intervention ladders, duly modified, provide a device for analysis or assessment of law and policy-making, and that productive disconnection and intelligent purposive reconnection, duly modified, provide a device for analysis or assessment of adjudication by the EU’s Court of Justice.

Published

2020-03-12