Last week Matrix held a seminar, chaired by Jessica Simor QC, considering the EU law implications of minimum alcohol pricing legislation, which has been adopted in Scotland and which remains the subject of considerable public debate south of the border.
The seminar examined some of the legal arguments for and against such a measure under EU free movement of goods law and the Common Agricultural Policy, with a particular focus on the issue of proportionality. Possible arguments under the Charter of Fundamental Rights were also canvassed.
Papers and presentations by Aidan O’Neill QC, Christopher Brown, Joanna Buckley (all of Matrix) and Angus MacCulloch (Lancaster University) are available below. There are links to Aidan O’Neill’s paper, which sets out the background to the recent challenge (The Scotch Whisky Association & Ors, Re Judicial Review  CSOH 70) to the Scottish legislation, and Angus MacCulloch’s presentation, which analyses some of the legal issues to arise from the judgment.
Update: now uploaded are papers by Christopher Brown on the proportionality concept and Joanna Buckley on the role of the Charter, with accompanying slides.