Roberta Lombardi

Full Professor of Administrative Law at the University of Piemonte Orientale.

The paper aims to examine the characteristics of ius publicum alimentarium as a right of postmodernity, intrinsically linked to contexts of ‘vulnerability’ (namely, the consumer market). In the author’s view, food law serves as a paradigmatic example of the shift within the contemporary legal landscape. In this setting, the ‘social’ dimension has become an essential component and a defining influence on law, with all the inherent complexities this entails. This complexity primarily stems from the regulation of interests with fluid and indeterminate boundaries; from the holistic approach to the subject in light of recent supranational regulations; and from multi-level governance within global contexts. In these settings, risk assessment and management necessitate the application of typical postmodern principles – precaution and proportionality – alongside a variety of regulatory instruments involving both private entities and public authorities. These topics will be developed by exploring the distinction and intersection of the ‘two souls’ that characterise food law: food security and food safety.

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This paper analyses the EU legal framework of Joint Cross-Border Procurement. This is an instrument for achieving the (cross-border) satisfaction of the needs of different EU Member States’ public authorities. This goal, however, seems to be (partially) at odds with the extremely complicated rules and their application which - together with other practical considerations, makes contracting authorities favour alternative procurement procedures.

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