Informationssysteme als Herausforderung für den Rechtsschutz im Europäischen Verwaltungsverbund

Abstract

Abstract Information systems constitute a key feature of the European Composite Administration. In the Food and Feed sector, the European Union has established a Rapid Alert System for Food and Feed (RASFF) obliging the Member States to exchange information on food- and feed-related risks to public health, thus enabling them to take action in case of food safety risks resulting from the free movement of these products within the European Union. Such information systems pose a particular challenge for effective legal protection since undertakings seeking to challenge the information exchange or measures resulting from it because of e. g. incorrect information are confronted with a multitude of actors, legal orders and systems of judicial protection. Against this background, the article explores the RASFF’s design and ist functioning, notably the role of the various actors on national and EU level, and analyses the issues of primary and secondary legal protection in case of incorret alert notifications. Moreover, on the basis of these findings, general conclusions for designing EU information systems – relevant also beyond the Food and Feed sector – will be drawn.