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Please Smoke Your E-Cigarette Proportionally

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image of European Journal of Health Law

Directive 2014/40/EU harmonises the manufacture, sales and presentation of tobacco and related products, notably, electronic cigarettes. As its predecessors, Directive 2014/40/EU has already been challenged on three occasions. This article will tackle the Pilbox case and assesses the impact of the principles of proportionality and subsidiarity on market harmonisation and health protection. It seeks to demonstrate that, contrary to the old-fashioned stream of case law on this subject, the battlefield has been shifted from the scope of Art. 114 TFEU to the impact of general principles of EU law. It then assesses how health protection increasingly permeates internal market legislations, leading to a sort of ‘paternalistic’ harmonisation. Finally, it argues that after two decades of disputes concerning tobacco products, the Court of Justice of the European Union (CJEU) has successfully ended litigations on Directive 2014/40/EU, holding that its compliance with the principles of proportionality and subsidiarity is beyond doubt.

Affiliations: 1: Assistant Professor, China-Europe School of Law, China University of Political Science and Law BeijingChina

* PhD in European Union Law.

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