EFLA en detail

FOUNDATION

The European Association for Food Law is a non-governmental organisation under Belgian law. It was established on 4 May 1973 at the Institut d'Etudes européennes (Institute of European Studies) of the Free University of Brussels (ULB), in the course of an Assembly which brought together numerous specialists in the law and the sciences of Food from different countries of Western Europe. A statutes project had been established by Mr Alain Gérard, former Secretary General of the EFLA, currently Vice-President, which was in addition at the initiative of this meeting. The statutes were adopted by the inaugural Assembly, then approved by Royal Decree on 8 October 1973, attributing to the EFLA a legal personality under Belgian law. The EFLA therefore celebrates its twenty-fifth anniversary in 1998, which makes it a young lady with the promise of a brilliant future.

OBJECTIVES

The statutes of the EFLA state in a clear and concise manner the object of the Association, which is to : '…contribute in Europe, through all the appropriate means:

  • to a better knowledge of Food Law considered as a specific sector of general law;
  • to the development of Food Law and to its international harmonisation within the conditions taking into account at the same time its specificity, its interdisciplinary nature and its special function, the protection of the consumers.'

The realisation of these objectives implies for the EFLA, just as the statutes also make clear, co-operation 'within the extent of its means with all the organisations or institutions, national or international, public or private, established in Europe or in other regions of the world, which pursue similar objectives with a non-profit goal.'

In the course of its twenty-five years of existence, the EFLA has succeeded in establishing contacts between on the one hand experts originating not only from Western Europe, but also from the countries of the East and the United States, and on the other hand, between national, European and international organisations working for the development of Food Law.

The EFLA is thus in a position today to offer:

  • A structure for on-going dialogue to debate the current questions in the area of Food Law. By bringing together the experts in particular areas, the EFLA makes possible an interdisciplinary and international approach to these problems, within a spirit of independence with regard to all the economic and political interests.
  • A permanent framework of information and consultation in order to improve if need be the knowledge of Food Law through conferences, seminars, reports, legal and scientific monographs, specialised working groups, etc.
  • Permanent and independent support for cooperation with political and administrative organisations. It is with this point of view in mind that the EFLA has established bonds that are deep and privileged with institutions that are going to follow, with the same spirit of independence with regard to political and economic interests or pressure:
    • The Codex Alimentarius: the EFLA has observer status for the work of the mixed Commission FAO/OMS and in its subsidiary organisation. Since its beginnings, the EFLA has been admitted as a participant in the work of the Codex Alimentarius. In practice, the EFLA is represented by one or another member of its board of directors in certain meetings of the Codex. This representative has plenty of time to explain the work carried out by the EFLA in the areas concerned, and even to make in the name of the EFLA an official declaration, if this has been approved by the Board. ¨
    • The Council of Europe, for which the EFLA obtained consultative status in 1979. It was on the occasion of study days dedicated to the 'International Organisation and the Health Protection of the Consumers in the Area of Foodstuffs', 19-20 April 1979 in Strasbourg that the Association officially received this status from the Council of Europe.
    • The FAO, where the EFLA has obtained liaison status. This co-operative relationship was announced in 1983 in Brussels, on the occasion of the academic meeting commemorating the first ten years of the EFLA, parallel to which a conference dedicated to 'Research and Training in Food Law' was also organised. ¨
    • The European Union, in particular the Commission, with which the EFLA has never ceased to maintain regular scientific and legal relations.

The EFLA is endeavouring in addition to develop contacts with the countries of Central Europe, where a number of its members have their origins.

STRUCTURE AND OPERATION

By virtue of the statutes and since the founding Assembly in Brussels on 4 May1973, an ordinary session of the General Assembly of the EFLA has taken place every two years. According to tradition this is the occasion for an International Congress which thus has the same periodicity.

The role of the Assembly, as it is defined by the statutes, includes the discussion of a general activities report, the approval of the accounts for the preceding period, and budget proposals for the period to come, setting an amount for the fees, and the election of the members of the Board of Directors. It can also address to the Board, the President or the General Secretary 'any appropriate recommendations that it considers useful for the application of their mission'. In general the current questions are discussed there, and the role which the EFLA could find to play in them.

The minutes of the General Assembly are written up by the General Secretary, submitted for the approval at the time of the following Assembly before being inserted in the EFLA Newsletter.

The Board of Directors is the decision-making body of the Association for all the questions that are not specially assigned by the statutes to the General Assembly and which do not concern acts of the everyday administration delegated to the General Secretary. The Board consists of a maximum of 20 members, all of whom can be re-elected without limitation with the exception of the President. Besides the honorary members and honorary Presidents, the Presidents of the national sections are also invited to attend the Board meetings with a consultative voice.

According to the statutes, the Board meets at least one time per year. In practice, each year generally sees a minimum of two Board of Directors meetings take place. Between these meetings the President and the General Secretary assume the day-to-day management of the Association.

The President is chosen 'as a function of his/her competence regarding Food Law and his/her spirit of independence with regard to all individual interests.' The President must have 'as much legal training as possible', but this condition has never been considered as essential, since the most important are the qualities, experience and competence recognised as part of the person chosen. Another characteristic that must also not be neglected is the representativeness from an international point of view and the will to exercise a rotation between the different member countries, such that of all the members of the Board only the President, elected for two years, cannot exercise his/her function for more than two executive mandates. Italian, French, German, English and Spanish Presidents have presided over the destiny of the EFLA, which corresponds to the most active sections in the Association.

The General Secretary, who like all the other members of the Board acts as a volunteer, assumes the administrative tasks and the daily management of the EFLA. Contrary to the President, the General Secretary can be elected without any limitation of duration. This permits the Association to retain a fixed address, a 'home' so that even though the presidency rotates, through this a certain stability is provided for the Association. In its twenty-five years of existence the EFLA has only had two general secretaries.

The Treasurer is, for his/her part, co-opted from among the members of the Board, in contrast to the President and the General Secretary, who are elected by the General Assembly. The treasurer handles the financial management of the Association: he/she verifies the payment of fees of the members and the expenditures relating to the operations of the Association. He/she makes a report of this to the Board and to the General Assembly. In each ordinary session the latter elects two auditors who cannot be part of the Board.

The National Sections of the EFLA

The national sections of the EFLA are not, according to the terms of the statutes, constituent or necessary components of the Association. Every national section can have itself officially recognised by the Board, according to the conditions which it determines, but the EFLA is not an association that federates the various national associations at European level. A national section, if it exists, pursues the same goals as the Association, but within a framework that is more limited geographically. Each section presents a report of its activities at the General Assembly.

As already pointed out, the coordination and the material preparation of the biennial congresses of the EFLA are often provided by the national section which has taken the initiative for them, and which accepts the responsibility for this as the host country. The Organising Committee, designated by the Board, constitutes the natural framework for the cooperation between the Board of Directors of the EFLA and the aforementioned section.

It is necessary to emphasise the importance of the role played by the national sections. They constitute a precious source of information and of human and scientific contacts, as well as a framework especially adapted to the development of mutual cooperation. Because they are closer to the members, they constitute a good source of contacts and of new registrations. In part they have the responsibility for 'proselytising' within the Association. The frequent organisation of seminars or of conferences of a local (or international) nature allows the national sections to make the EFLA known in the regions where they are established, thus contributing to developing the influence and the credibility of the Association.

Up to the present time national sections have been formed in Italy, in Spain, in the United Kingdom, in Germany and in France.