# CWD as a New Health Threat in Europe and the Adequacy and Effectiveness of Instruments of Legal Response from a Comparative Legal Perspective

## TL;DR

This paper examines the spread of chronic wasting disease in Europe and evaluates legal responses to manage the health threat.

## Contribution

The study proposes the need for uniform EU-level legislation based on comparative legal analysis and North American experiences.

## Key findings

- CWD is spreading in cervids across Europe with potential zoonotic risks.
- Current legal approaches to CWD vary across countries and lack uniformity.
- EU legislation should adopt lessons from North American responses to CWD.

## Abstract

Unsatisfactory, erroneous, inadequate, or inapplicable laws can lead to negative effects on human and animal health. Such can be the case with the uncontrolled and legally unregulated spread of chronic wasting disease (CWD) with possible zoonotic potential. This disease is spreading in cervids across Europe and other continents. In the context of historical experience with prion diseases, and taking into consideration the “one health” approach, CWD poses a serious challenge. The CWD problem should be properly managed in the European Union before the scale of the disease increases to resemble the situation in North America. The legal comparative analysis conducted in this study indicates that the experience gained by countries that have been struggling with the disease for years should be taken into account when drawing up community legislation.

Prions cause infectious and fatal neurodegenerative diseases in mammals. Chronic wasting disease (CWD) affects wild and farmed cervids. The increasing number of cases in Europe, the resistance of prions to external conditions, and the persistence period threaten not only wild cervid populations but also the economy. The possible zoonotic potential of CWD is of growing concern. CWD is a relevant issue as far as the idea of “one health” is concerned, which is a fundamental principle of European veterinary law. Methods of legal text analysis and interpretation are used for this comparative legal study. Research reveals that countries struggling to tackle CWD employ different normative approaches to the problem and use different control and eradication schemes. The results of this study indicate that it is reasonable to issue uniform regulations in the European Union at the common, rather than national, level. The European legislation should creatively draw on the experience of North American countries that have been struggling with the discussed disease for a long time.