Health, alcohol and EU law: understanding the impact of European single market law on alcohol policies

Many professionals in the alcohol field see the role of the the European Court of Justice

(ECJ) as negative for health. This review examines ECJ and European Free Trade Association (EFTA) case

law in the context of two broader debates: firstly the extension of European Union (EU) law into alcohol

policy (the ‘juridification’ of alcohol policy), and secondly the extent to which alcohol policy is an

example of the dominance of ‘negative integration’ (the removal of trade-distorting policy) over

‘positive integration’ (the creation of European alcohol policies). Methods: a comprehensive review of

all ECJ/EFTA Court cases on alcohol, with interpretation aided by a secondary review on alcohol and EU

law and the broader health and trade field. Results: from looking at taxation, minimum pricing,

advertising and monopoly policies, the extension of the scope of the these courts over alcohol policy is

unquestionable. However, the ECJ and EFTA Court have been prepared to prioritise health over trade

concerns when considering alcohol policies, providing certain conditions have been met. Conclusion:

while a partial juridification of alcohol policy has led to the negative integration of alcohol policies, this

effect is not as strong as sometimes thought; EU law is more health friendly than it is perceived to be,

and its impact on levels of alcohol-related harm appears low. Nevertheless, lessons emerge for

policymakers concerned about the legality of alcohol policies under EU law. More generally, those

concerned with alcohol and health should pay close attention to developments in EU law given their

importance for public health policy on alcohol.