Effective Regulation and Sanctioning in Health and Safety Law in the European Union

Abstract: In this article the author considers the development of health and safety legislation by the European Union and its predecessors over the last fifty years. The growth and influence of health and safety law in the European Union is a reflection of the increased size of the EU, the widening of the scope of the subject area, the politically un-contentious nature of health and safety as a subject and the size and importance of the EU as a trade bloc. In discussing the scope of health and safety law some emphasis is given to demonstrating how standards emerge. The role of agencies in encouraging the effective and consistent application of European Union health and safety legislation in Member States is reviewed. Finally, the author considers the impact of the extended scope of health and safety legislation in UK v. Council of the European Union Case C-84/94 and the mechanisms for regulation, sanctioning and enforcement at global level.

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