SIMON PLANZER LECTURER IN LAW, UNIVERSITY OF ST.GALLEN ATTORNEY AT - - PowerPoint PPT Presentation

SIMON PLANZER

LECTURER IN LAW, UNIVERSITY OF ST.GALLEN ATTORNEY AT LAW, ZURICH

HEC Workshop: Regulating Lifestyle Risks in Europe 20-21 September 2012

QUESTIONS

• Intro
• Why a holistic policy on addiction?
• Scientifically indicated?
• A holistic EU policy on addiction?
• Legally possible?
• Conclusion

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INTRO: LIFESTYLE RISKS?

• Consumption of alcohol, tobacco, and

unhealthy diets

• Gambling? Gambling addiction?
• 1) Choice of engaging in the activity and

2) Existence of certain inherent risks

• Abstinence, moderate, excessive, addiction

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WHY A HOLISTIC... - THE STATUS QUO

• Numerous national, European, and international

bodies, programmes, and initiatives

• United Nations Office on Drugs and Crime

(‘UNODC’)

• European Monitoring Centre for Drugs and Drug

Addiction (‘EMCDDA’)

• DG Health and Consumers: EU tobacco awareness

campaign, Alcohol strategy

• DG Justice: research grants through the Drug

Prevention and Information Programme

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WHY A HOLISTIC... - ADDICTION

• Addiction:
• Behaviour motivated by Craving and Compulsion
• Continuation, in spite of adverse consequences
• Loss of Control
• Do drugs or substances produce addiction?
• DSM-IV-TR: definition addict
• DSM-5: Doctors’ fear of ‘producing addiction’.
• DSM-5 no longer counts tolerance and

withdrawal for those taking medications under medical supervision.

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WHY A HOLISTIC... – BEHAVIOURAL ADDICTIONS

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Unkno nknown S n Substanc nce Us Use Di Disorder ¡ Ga Gamb mbli ling ng Us Use Di Disorder ¡ A pattern of substance use leading to clinically significant impairment or distress, as manifested by 2 (or more) of the following, occurring within a 12- month period ¡

• A. Persistent and recurrent problematic gambling

behavior as indicated by four (or more) of the following in a 12-month period: ¡

• 1. the substance is often taken in la

larger a amo mount nts or

• ver a lo

long nger p period than was intended ¡

• 3. has repeated u

uns nsuccessful e l efforts to control, cut back,

• r stop gambling ¡
• 2. there is a persistent desire or unsuccessful efforts

to cut d down o n or cont ntrol substance use ¡

• 3. has repeated unsuccessful efforts to cont

ntrol, c l, cut b back, ,

• r s

stop gambling ¡

• 3. a great d

deal o l of t time me is spent in activities necessary to obtain the substance, use the substance, or recover from its effects ¡

• 4. is often p

n preoccupied w with g h gamb mbli ling ng (e.g., persistent thoughts of reliving past gambling experiences, handicapping or planning the next venture, or thinking of ways to get money with which to gamble) ¡

WHY A HOLISTIC... – BEHAVIOURAL ADDICTIONS

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• 6. important social, o

l, occupationa nal, o l, or r recreationa nal l activities are given up or reduced because of substance use ¡

• 8. has jeopardized or lost a significant

rela lations nshi hip, jo , job, o , or e educationa nal o l or c career

• pportunity because of gambling ¡
• 9. tole

leranc nce, as defined by either of the following:

• a. a need for markedly inc

ncreased a amo mount nts of the substance to achieve intoxication or desired effect ¡

• 1. needs to gamble with inc

ncreasing ng a amo mount nts of money in order to achieve the desired excitement ¡

• 10. withd

hdrawal, as manifested by either of the following:

• a. the cha

haracteristic withdrawal syndrome for the substance (refer to Criteria A and B of the criteria sets for Withdrawal from the specific substances) ¡

• 2. is restle

less o

• r i

irritable le when attempting to cut down or stop gambling ¡

• 11. Craving

ng or a strong desire or urge to use a specific

• substance. ¡

Cra Craving ng reminds of withdrawal symptoms in gambling disorder such as “2. is restless or irritable when attempting to cut down or stop gambling” and of consequences in time management such as “4. is

• ften preoccupied with gambling”. ¡

WHY A HOLISTIC... - SHIFT IN DSM-5

• Contribution of gambling research?
• DSM-5: revised diagnostic category

“Substance Use and Addictive Disorders”

• DSM-5, Section III: “Internet Use Disorder”

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LEGALITY OF AN EU POLICY ON ADDICTION?

• Principle of Conferral
• Legal assessment
• Principles of Subsidiarity and of

Proportionality

• Assessments leaving significant discretion to

political bodies

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LEGALITY… - PRINCIPLE OF CONFERRAL

• Art. 4(1) TEU: “In accordance with Article 5, competences

not conferred upon the Union in the Treaties remain with the Member States.”

• Art. 5(2) TEU: “Under the principle of conferral, the Union

shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the

• bjectives set out therein. Competences not conferred upon

the Union in the Treaties remain with the Member States.”

• Art. 7 TFEU: “The Union shall ensure consistency between

its policies and activities, taking all of its objectives into account and in accordance with the principle of conferral of powers.”

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LEGALITY… - CONSUMER PROTECTION…

• Addiction issues: consumer protection or

public health?

• Consumer protection
• Shared competence (Art. 4(2)(f) TFEU), cf.

Internal Market

• Harmonisation measures (Internal Market; Art.

114, 169)2)(a) TFEU)

• “measures which support, supplement and

monitor the policy pursued by the Member States” (Art. 169(2)(b) TFEU)

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LEGALITY… - PUBLIC HEALTH

• Shared competence: only in the area of

“common safety concerns in public health matters, for the aspects defined in this Treaty” (Art. 4(2)(k) TFEU)

• Supplementing competences “to carry out

actions to support, coordinate or supplement the actions of the Member States […] [in the area of] protection and improvement of human health” (Art. 6(a) TFEU)

• Cf. Art. 168 TFEU

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CONCLUSION

• Competences:
• EU has (limited) competence to take action
• EU can support, coordinate or supplement Member

States’ actions

• Possible actions:
• Strive for holistic perspective
• Coordination of MS’ programmes and initiatives
• Collection of data
• Regular exchange at expert level
• Enhance comparability of data
• Adjust research grants at EU level
• Economic side effect: allocation of funds

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Thank you!

Contact details on the unpublished paper

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