Strategies in a mobbing society

Accountability Strategies in a Transparent and Mobbing Society?

Prof. Dr. Alfred Hagen Meyer : February 2014 | Š meyer.rechtsanwälte Partnerschaft

Mobbing Society

The perspective of legislators has shifted towards enabling fictions or (purported) desires to become mandatory.

The German philosopher Richard David Precht calls this “shifting baselines� in politics, the gradual loss of reality in government.

prof. dr. alfred hagen meyer | 13.02.14

Mobbing Society

The new paradigm for relevance is quantity.

In the USA this reference criterion is called “infobesity” (a compound formed of “information” and “obesity”).

prof. dr. alfred hagen meyer | 13.02.14

Mobbing Society

Society should be reflected in the law, just as the law should reflect the debate within society.

The predominant function of the law is to infuse normative structures with logical stability and security, in the sense of orientation towards values and principles that remain consistent over time.

prof. dr. alfred hagen meyer | 13.02.14

Mobbing Society

Sec. 40 of the German Food Act. According to the provision, if there is a suspicion sufficiently supported by facts that thresholds, maximum limits or maximum quantities laid down in provisions have been exceeded or if there was a significant or repeated violation of other provisions on compliance with hygiene requirements or serving to protect consumers against health risks or deception and if one may expect a fine of at least EUR 350 to be imposed, then the competent authorities have to inform the general public while identifying the food and the food operator under whose name or company name the food or feedstuff was manufactured, treated or put into circulation. prof. dr. alfred hagen meyer | 13.02.14

Mobbing Society

Those who are exposed to the internet are exposed to the spreading of rumours, to disinformation and (total) monitoring, according to McLuhan’s unheeded warnings in the year 1961.

An informal and almost lawless online tribunal permits “retribalization within the global village� of the internet, where gossip is the main topic of conversation.

prof. dr. alfred hagen meyer | 13.02.14

Mobbing Society

This hygiene pillorying has now (and rightly) been brought before the German Constitutional Court.

In June 2013 the Higher Administrative Court of Lower Saxony had expressed serious reservations as to the constitutional compliance of the provision, especially since it does not state a deadline for deletion with regard to naming and shaming.

In summary proceedings conducted in January 2013, the Administrative Court in the federal state of BadenW端rttemberg raised doubts about the constitutionality of the provision and its compatibility with EU law. prof. dr. alfred hagen meyer | 13.02.14

Mobbing Society

Naming and shaming on the German website “lebensmittelklarheit.de”

With cases in which consumers believe advertising messages or product presentations to be deceptive.

Subsidies from the German Ministry of Food and Agriculture within the context of the initiative “More clarity and truth in the labels and presentations of food products”

prof. dr. alfred hagen meyer | 13.02.14

Mobbing Society

A declaration of war against the Commission on German food law.

The coalition agreement of the new German government states that “the recommendations of the commission on food law have to be guided more intensely by the right of consumers to ‘truth and clarity’”

prof. dr. alfred hagen meyer | 13.02.14

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prof. dr. alfred hagen meyer | 13.02.14