Delhomme, Vincent (2018) Smoke-free environments: the missing link in EU antitobacco policy. College of European Policy Brief #8.18. [Policy Paper]
Abstract
> The European Union pursues an ambitious anti-tobacco policy, but its action regarding smoke-free environments limits itself to recommendations addressed to member states. > The recent decision by Austria to scrap a total ban on smoking in bars and restaurants illustrates the diversity of rules related to smoke-free environments in the EU. > The absence of any binding measures can be explained by the limited EU competence in public health and the necessity for the Union to tie measures enacted in this area to the completion of the internal market. > This demonstrates the limits of the current EU competence framework and the restrictions faced by the EU when pursuing its public health agenda. > The adoption of binding measures on smokefree environments on the EU level would hence require a change in the Treaty, or in the interpretation of the Court thereof.
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