European Commission v. Hungary (Reception of Applicants for International Protection II) No. C-123/22
Bibliographic Data
| ID | 21287682 |
|---|---|
| Authors | Tamás Molnár (0000-0002-1616-657X, European Union Agency for Fundamental Rights/WU Vienna University of Economics and Business, corresponding author) |
| Year | 2025 |
| Volume | 119 |
| Issue | 3 |
| Pages | 556-564 |
| Publication date | 2025-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/ajil.2025.10080 |
| OpenAlex | W4414026182 |
| Language | EN |
| Citations received | 1 |
The lesson from the GMO corn dispute is export losses are not needed for legal tensions between national measures and international commitments.The Panel Report found signals to the market, from a measure not yet implemented, can trigger SPS obligations.Fourth, the decision offers new indications on how SPS rules impact food safety.These are informative even when states are not parties to the USMCA.The United States promotes its approach to food safety when negotiating trade agreements. 50 In addition, the SPS Agreement and other trade agreements contain similar SPS provisions as the USMCA.National food policymakers should take note of how the ruling: defines an SPS measure, employs risk assessment obligations, and treats glyphosate.The Panel Report suggests that SPS obligations can be triggered by measures that have not been implemented.It emphasized "signals" to the market to determine when SPS commitments apply (id.).Next, the obligation to conduct a risk assessment can impact how additional rights and obligations are examined.This has consequences for setting an ALOP.It impacts additional commitments that measures are based on scientific principles, necessary, and not more trade restrictive than required.Said plainly, how a government evaluates food safety risks implicate many other SPS obligations, even if they appear distinct.Lastly, glyphosate does not enter an examination of SPS commitments.Despite both the parties indicating glyphosate is an essential part of trade in GMO corn or not, the report's analysis does not mention the herbicide. 51
Business · Commission · European commission · European union · International trade · Political science · European and International Law Studies · Law
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2026 - 2026 (1) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 1 |