Should dried mealworms, locust, and crickets, to be consumed whole in the form of chips, be considered “novel foods” under EU law? This intellectually highly nutritious question offers not only the possibility of a detailed reconstruction of the reasoning choices present in an individual case before the Court of Justice of the EU. It equally provides the inductive springboard for a broader discussion of the limits to judicial further development of the law tied in the European legal space, explored in this chapter. With different legal cultures in Europe drawing different lines between normal judicial filling of gaps, on the one hand, and impermissible judicial rewriting of the law, on the other, the contribution closes with zooming in on the possible limits to judicial creativity and their academic discussion.

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Should EU Law Protect Us from Eating Bugs? A Microstudy in Judicial Creativity

  • Michal Bobek

摘要

Should dried mealworms, locust, and crickets, to be consumed whole in the form of chips, be considered “novel foods” under EU law? This intellectually highly nutritious question offers not only the possibility of a detailed reconstruction of the reasoning choices present in an individual case before the Court of Justice of the EU. It equally provides the inductive springboard for a broader discussion of the limits to judicial further development of the law tied in the European legal space, explored in this chapter. With different legal cultures in Europe drawing different lines between normal judicial filling of gaps, on the one hand, and impermissible judicial rewriting of the law, on the other, the contribution closes with zooming in on the possible limits to judicial creativity and their academic discussion.