Evoluzione della normativa europea sulla sicurezza alimentare e assenza di una disciplina armonizzata delle frodi alimentari: una proposta de iure condendo

Paper retraces steps that led EU legislator to a policy of harmonization of the agri-food sector based on the integral strategy known as the “from farm to folk” strategy, primarily aimed at the protection of human health through the guarantee of food safety, understood in a increasingly broader sense over time. EU legislation, moreover, has developed entirely on the preventive level, through the imposition of obligations, prohibitions and standards of various kinds, devolving the repressive one to , Member States except for the provision of the classic formula that requires these ones to provide for proportionate, effective and dissuasive sanctions for violations of the rules of EU regulations. The lack of homogeneity between Member States’ systems with regard to food crimes, especially frauds – both with regard to the selection of punishable acts and the nature (criminal or administrative) of the offences, and with regard to the formulation technique – makes appropriate, for a more effective protection of food safety, to also harmonize the regulation of criminal food law and, in a de iure condendo perspective, the author suggests three categories of food fraud, outlining their structural features