Event Title

Panel 2: Pasta and Tomato Sauce

Location

Large Courtroom, FIU College of Law

Start Date

21-2-2020 11:00 AM

End Date

21-2-2020 12:30 PM

Description

The Magic of Pasta al Dente: The Italian Struggle over Durum Wheat before the European Court of Justice

Fernanda Nicola, American University Washington College of Law

Gino Scaccia, Università degli Studi di Teramo

“La vita è una combinazione di magia e pasta.” - Federico Fellini
By the late 1980s, the liberalization of pasta in Europe, through a ruling of the European Court of Justice (ECJ) in Case 407/85 Drei Glocken v. USL Centro-Sud [1988], lowered the quality of the Italian pasta di grano duro. The case referred by a Bolzano judge to the ECJ in Luxembourg challenged an Italian law that prohibited the marketing of traditional durum wheat pasta as opposed to the soft or mixed grain paste already marketed with the plural version. In this historic judgement, Advocate General Federico Mancini, sided with the Italian government against the European Commission. Yet Mancini’s opinion did not successfully influence the Court that liberalized the use of the term pasta for both durum and soft wheat. Today, Mancini’s opinion remains a quintessential example of the “Italian style”. This entails balanced conceptualism, pragmatism, some folklore, and an impeccable form. At the time, scholars and judges alike criticized Mancini’s reasoning for being too political and folkloristic in defending the benefits of durum wheat pasta as priceless to Italian lifestyle. Thirty years after the ECJ ruling, worldwide gourmet consumers are well aware of the high quality of durum wheat pasta. In 2013, Gragnano D.O.P. pasta, one of the most famous durum wheat pasta, acquired additional protection through a geographical indicator. Looking back, Mancini’s opinion appears well reasoned and avant-guard, especially when anticipating the impact of pasta liberalization on consumer health and development policy in Southern Italy, one of the most successful crop productions of the Mezzogiorno. But mostly, Mancini was right to insist that pasta al dente is inevitably one of the most salient traits of Italian lifestyle.

Gangmastering and the Italian “Passata”: The Legal Construction of Cheap Labor Behind the Globalized Italian Tomato

Tomaso Ferrando, University of Bristol Law School, UK & University of Antwerp, Belgium

Italy is the second producer of tomatoes in the world after the United States, and it is often considered the homeland of this food. Yet, the Italian tomato is much more than Italian. If one considers the people, geography, regulations and history behind the ‘golden pome’ (pomo-d’oro in Italian), there is no other conclusion that it is inherently local and global. In the last years, the Italian tomato Italian sector has been under scrutiny for the reliance on exploited labour, egregious living conditions and the role of organized crime in trading human beings as any other commodity (gangmastering, or ‘caporalato’). By embedding the Italian industrial tomato into a critical and multi-territorial legal approach to the food system, my contribution aims to offer a different perspective on the illegal action of labour intermediation as one of the most discussed issues surrounding the production of Italian tomatoes. Rather than presenting exploitation and caporalato as exceptions, the paper analyses them through the lenses of trade law, competition law and migration law as more appropriate lenses to understand the role of cheap labour in the construction of the global Italian tomato. If that is the case, legal interventions cannot be local and specific, but must be systemic, multi-layered and, therefore, based on dialogue and solidarity among workers, lawyers, activists and academics across the whole tomato chain.

'Made in Italy' and the Globalization of Production: A Law Story

Daniela Caruso, Boston University School of Law

This essay focuses on three salient episodes in the recent history of wine, food, and fashion in Southern Italy. These episodes illustrate how certain changes in the legal regime of international trade, land use, immigration, or labor rights can lead to significant wealth diversion and raise crucial issues of distributive justice.

Share

Import Event to Google Calendar

COinS
 
Feb 21st, 11:00 AM Feb 21st, 12:30 PM

Panel 2: Pasta and Tomato Sauce

Large Courtroom, FIU College of Law

The Magic of Pasta al Dente: The Italian Struggle over Durum Wheat before the European Court of Justice

Fernanda Nicola, American University Washington College of Law

Gino Scaccia, Università degli Studi di Teramo

“La vita è una combinazione di magia e pasta.” - Federico Fellini
By the late 1980s, the liberalization of pasta in Europe, through a ruling of the European Court of Justice (ECJ) in Case 407/85 Drei Glocken v. USL Centro-Sud [1988], lowered the quality of the Italian pasta di grano duro. The case referred by a Bolzano judge to the ECJ in Luxembourg challenged an Italian law that prohibited the marketing of traditional durum wheat pasta as opposed to the soft or mixed grain paste already marketed with the plural version. In this historic judgement, Advocate General Federico Mancini, sided with the Italian government against the European Commission. Yet Mancini’s opinion did not successfully influence the Court that liberalized the use of the term pasta for both durum and soft wheat. Today, Mancini’s opinion remains a quintessential example of the “Italian style”. This entails balanced conceptualism, pragmatism, some folklore, and an impeccable form. At the time, scholars and judges alike criticized Mancini’s reasoning for being too political and folkloristic in defending the benefits of durum wheat pasta as priceless to Italian lifestyle. Thirty years after the ECJ ruling, worldwide gourmet consumers are well aware of the high quality of durum wheat pasta. In 2013, Gragnano D.O.P. pasta, one of the most famous durum wheat pasta, acquired additional protection through a geographical indicator. Looking back, Mancini’s opinion appears well reasoned and avant-guard, especially when anticipating the impact of pasta liberalization on consumer health and development policy in Southern Italy, one of the most successful crop productions of the Mezzogiorno. But mostly, Mancini was right to insist that pasta al dente is inevitably one of the most salient traits of Italian lifestyle.

Gangmastering and the Italian “Passata”: The Legal Construction of Cheap Labor Behind the Globalized Italian Tomato

Tomaso Ferrando, University of Bristol Law School, UK & University of Antwerp, Belgium

Italy is the second producer of tomatoes in the world after the United States, and it is often considered the homeland of this food. Yet, the Italian tomato is much more than Italian. If one considers the people, geography, regulations and history behind the ‘golden pome’ (pomo-d’oro in Italian), there is no other conclusion that it is inherently local and global. In the last years, the Italian tomato Italian sector has been under scrutiny for the reliance on exploited labour, egregious living conditions and the role of organized crime in trading human beings as any other commodity (gangmastering, or ‘caporalato’). By embedding the Italian industrial tomato into a critical and multi-territorial legal approach to the food system, my contribution aims to offer a different perspective on the illegal action of labour intermediation as one of the most discussed issues surrounding the production of Italian tomatoes. Rather than presenting exploitation and caporalato as exceptions, the paper analyses them through the lenses of trade law, competition law and migration law as more appropriate lenses to understand the role of cheap labour in the construction of the global Italian tomato. If that is the case, legal interventions cannot be local and specific, but must be systemic, multi-layered and, therefore, based on dialogue and solidarity among workers, lawyers, activists and academics across the whole tomato chain.

'Made in Italy' and the Globalization of Production: A Law Story

Daniela Caruso, Boston University School of Law

This essay focuses on three salient episodes in the recent history of wine, food, and fashion in Southern Italy. These episodes illustrate how certain changes in the legal regime of international trade, land use, immigration, or labor rights can lead to significant wealth diversion and raise crucial issues of distributive justice.