European regulation of GMOs: thinking about ‘judicial review’ in the WTO

The European approach to the regulation of genetically modified organisms (GMOs) is predicated upon the concept of prior approval. The legal framework for prior approval is finally in place. Amidst a mass of legislation, two instruments stand out as central, viz. the 2001 Deliberate Release Directive1 and the 2003 GM Food and Feed Regulation.2 As may be exemplified by specific reference to the latter, European Union law performs a three-fold function in relation to the prior approval of GMOs.