Competences and Legislative Powers for Food Policies: A Systematic Approach Applied to the EU and Germany
This study employs a systematic approach using the INFORMAS Food-EPI framework to map the distribution of legislative powers across EU, federal, state, and municipal levels for food policies in Germany, revealing a complex multilevel governance structure that is crucial for designing effective implementation strategies.
Original paper licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). This is an AI-generated explanation of the paper below. It is not written or endorsed by the authors. For technical accuracy, refer to the original paper. Read full disclaimer
Imagine the world of food policy as a massive, bustling kitchen where everyone is trying to cook up a healthier future for the planet. In this kitchen, there isn't just one head chef; instead, there are layers of cooks working at different stations. At the very top, you have the "Supranational" chefs (like the European Union), who set the rules for the entire building. Below them are the "National" chefs (the federal government), who manage the main pantry. Further down are the "State" chefs (the local regions), who decide how the food is served in specific rooms, and finally, the "Municipal" helpers who handle the details in the school cafeterias and local shops.
The big question this kitchen faces is: Who actually has the right to pick up the spatula and change the recipe? If the top chef says "add more salt," can the local chef say "no, we're using less"? Or if the local chef wants to ban sugary drinks, does the top chef have the power to stop them? This confusion is a real problem because when everyone thinks they are in charge, or when no one knows who is supposed to act, the food on the table doesn't get healthier. This is especially important because the food we eat affects our health, our weight, and whether we get sick with diseases like diabetes. If we don't understand who holds the power to change the food environment, we can't fix the problems that make us sick.
This paper is like a detective story that tries to map out exactly who owns which spatula in the kitchen of the European Union and Germany. The authors, a team of experts from universities in Germany, used a special checklist called the "Food-EPI" (Food Environment Policy Index) to break down food policies into 47 different tasks, ranging from how food is labeled to how much it costs and where it is sold. They didn't just guess; they dug through hundreds of legal documents, interviewed legal experts, and held workshops with practitioners to figure out the rules of the game.
What they found is that the kitchen is surprisingly messy. They discovered that legislative power isn't just held by one person; it's scattered everywhere. They categorized the power into four types: Primary (one level has the main say), Shared (multiple levels can act independently), Supporting (one level can tweak or approve the other's work but can't lead), and No/Very Limited (they basically have no say).
The investigation revealed a clear split in responsibilities. For things like food composition (what's inside the food) and labeling (what's written on the package), the European Union holds the Primary power. It's like the EU is the only one allowed to decide the recipe for the ingredients and how the menu is written across the whole building. However, when it comes to taxes on food, the Federal government in Germany holds the primary power, though the EU sets some guardrails. On the flip side, schools and kindergartens are mostly under the control of the State governments, meaning local regions decide what kids eat in their classrooms.
But the real plot twist is the "Shared" power. The study found that for a huge chunk of the tasks—specifically 30 out of the 47 indicators—power is shared between the EU, the federal government, and the states. This is particularly true for food advertising. The authors explain that while the EU sets general rules, the states often have the power to ban ads in specific places, like on public transport or in areas where children gather. This means that even if the federal government gets stuck or slow to act, the states might still be able to roll up their sleeves and ban unhealthy food ads on their own.
The paper suggests that this complex web of power isn't just a legal headache; it's a missed opportunity. Because the rules are so tangled, governments sometimes hesitate to act, fearing they are stepping on someone else's toes. The authors argue that by clearly mapping out who has the "spatula" for each specific task, we can stop the confusion. They found that in areas where the power is shared but contested, like advertising, a clearer understanding could actually speed up policy changes. For instance, if states realize they have the legal right to ban ads in their local media, they don't have to wait for the whole country to agree.
Ultimately, the study concludes that while the system is complicated, it's not broken beyond repair. By using their new systematic approach to untangle the threads of power, governments can design better policies that actually get implemented. The authors suggest this method could be used in other places with similar multi-level governments, like the United States or Canada, to help them figure out who is supposed to be cooking what. The key takeaway is that to make our food environment healthier, we first need to know exactly who is allowed to turn on the stove.
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