European Union Law

2021 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Competition Law ◽  
Free Movement ◽  
The European Union ◽  
Constitutional History ◽  
European Union Law ◽  
The Past ◽  
Part Structure ◽  
Free Movement Of Goods ◽  
Substantive Law

European Union Law uses a distinctive three-part structure to examine the constitutional foundations, legal powers, and substantive law of the European Union. This third edition includes an updated dedicated chapter on the past, present, and future of Brexit. Part I looks at the constitutional foundations including a constitutional history and an examination of the governmental structure of the European Union. Part II looks at governmental powers. It covers legislative, external, executive, judicial, and limiting powers. The final part considers substantive law. It starts off by examining the free movement of goods, services, and persons. It then turns to competition law and finally ends with an analysis of internal and external policies.

European Union Law

2021 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Environmental Law ◽  
Research Topics ◽  
European Union Law ◽  
European Institutions ◽  
The Subject ◽  
Free Movement Of Goods ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.

18. Free movement of goods

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Relationship

This chapter examines the Treaty provisions designed to ensure free movement of goods within the European Union. It discusses prohibitions on quantitative restrictions, and on measures having equivalent effect to quantitative restrictions (MEQR) in Article 34 Treaty on the Functioning of the European Union (TFEU), in particular considering the key cases of Dassonville, Cassis de Dijon and Keck. It also outlines the prohibition on quantitative restrictions on exports and all measures having equivalent effect. It analyses the development of the jurisprudence relating to MEQR, and explains the provisions of Articles 35 (exports) and 37 TFEU (state monopolies). The chapter also addresses the underlying questions concerning the relationship between free movement and national regulatory competence.

20. Free Movement of Goods: Quantitative Restrictions

EU Law ◽  
2020 ◽  
pp. 725-782
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Market Integration ◽  
Free Movement ◽  
The European Union ◽  
European Court ◽  
Equivalent Effect ◽  
Indirect Discrimination ◽  
Free Movement Of Goods ◽  
Broad Interpretation ◽  
The Uk

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination. The UK version contains a further section analysing issues concerning free movement of goods between the EU and the UK post-Brexit.

Goods, Persons, Services and Capital in the European Union: Jurisprudential Routes to Free Movement

2010 ◽  
Vol 11 (2) ◽  
pp. 159-209 ◽  
Author(s):  
Tim Connor
Keyword(s):  
European Union ◽  
Market Access ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
National Rule ◽  
Free Movement Of Goods ◽  
National Measure

This Paper considers the jurisprudence of the Court of Justice in relation to the free movement provisions of European Community law in relation to goods, persons, services and capital within the European Union. It examines the bases used by the Court in its application of Community free movement provisions to national measures that may seek to hinder the exercise of such rights. From limited enquiry originally founded on considerations of non discrimination based on nationality, to one most recently focussed on the ‘restriction’ to the free movement right, the Paper examines the methods employed by the Court of Justice in its scrutiny of the national measure appearing to conflict with Treaty free movement rights.The examination of the applicable free movement jurisprudence attempts to demonstrate the want of a thematically consistent underpinning within free movement case law. The Paper draws attention to the complexities and even the confusions that appear to be inherent within free movement jurisprudence and arguably evidenced within the Court's journey from ‘discrimination’ to ‘restriction’ as the basis of the enquiry with regard to the application of Treaty free movement rights. In its consideration of Case C-110/05Commission v Italy, Case C-142/05Åklagaren v. Percy Mickelsson v. Joakim Roos, recent jurisprudence with respect to the free movement of goods, the Paper notes that in the context of the ‘measure having equivalent effect’, the emphasis in the assessment of the national rule has shifted to an examination of the effect on market access, rather than a distinction based on the type of rule.

18. Free Movement of Goods:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Member State ◽  
Free Movement ◽  
The European Union ◽  
State Action ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28-30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110-113 TFEU. These issues are considered within the chapter.

scholarly journals COOPERATIVES AND COMPETITION LAW

2020 ◽  
Author(s):  
Miguel Sousa Ferro ◽  
Alcione Paulo ◽  
Carolina Ramalho
Keyword(s):  
European Union ◽  
Competition Law ◽  
Theoretical Framework ◽  
The European Union ◽  
The Past

The present paper aims at providing an overview of the extent to which cooperatives are subject to the rules of Competition Law. Focusing primarily on EU and Portuguese Competition Law, the paper begins by tackling the legal theoretical framework. It then provides examples of how Competition Law has been applied to cooperatives in the past, in a few jurisdictions of the European Union.

scholarly journals Pirkuma līguma objekta izpratne jauno patērētāju pirkuma direktīvu gaismā

2021 ◽  
pp. 11-27
Author(s):  
Jānis Kārkliņš ◽  
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Goods And Services ◽  
Rights Protection ◽  
The Subject ◽  
Free Movement Of Goods ◽  
Special Rules ◽  
High Level ◽  
New Consumer

One of the objectives of the European Union is to create an internal market in which the free movement of goods and services is ensured. At the same time, by ensuring the free movement of goods and services, the European Union has a duty to promote a high level of consumer protection. In order to achieve both of these goals at the same time, the European Union has adopted, among other things, a significant number of directives, which the Latvian legislator has mostly transposed into the Consumer Rights Protection Law. Nevertheless, the development of digital technologies has made it necessary to lay down special rules in the event that the subject of the contract contains digital elements. Taking into account the above, this article provides analysis of the content of the new consumer sales directives (2019/770, 2019/771), their implementa­tion as much as possible in connection with the existing Latvian legal system, as well as views some legal issues related to the implementation of directives in Latvia.

scholarly journals A RESPONSABILIDADE CIVIL DAS EMPRESAS GIGANTES DA INTERNET

2020 ◽  
Vol 12 (1) ◽  
pp. 159-186
Author(s):  
Olivera Boskovic
Keyword(s):  
European Union ◽  
Data Protection ◽  
Legal Theory ◽  
The United States ◽  
The European Union ◽  
European Union Law ◽  
General Application ◽  
General Data Protection Regulation ◽  
Substantive Law ◽  
Focus Theory

Objective ”“ The article offers an original contribution to the debate about the application of substantive law and the eligible jurisdiction that should judge the liabilities disputes between the so-called Internet giants' enterprises and the users. Methodology/approach/design ”“ The article brings a bibliographical and case law review of both France and the European Union about International Private Law applicable to the liability violations made by the so-called Internet giants' enterprises. Findings ”“ The article shows a legal theory central problem, which is the best way to define both the substantive law and the jurisdiction that should judge transfrontier liabilities in legal cases. The best solution would be to apply the so-called focus theory, i.e. the application of the substantive law and the jurisdiction following the local where the damage happens. Notwithstanding, this general application of the focus theory could impose limits on the future substantive reparation that the courts may grant to the victims. Besides, such general application collides with the traditional forum selection clauses that the giant Internet firms usually use to demand that the judgment of liability lawsuits solely by the United States courts. Practical implications ”“ The article is an important introduction to the choice of substantive law and jurisdiction applicable to the liability lawsuits filed against the giant Internet enterprises. This debate has a clear practical application that will become more important as the European Union General Data Protection Regulation (GDPR) enters in force and prescribes its transfrontier application. Originality/value ”“ The article enlightens a very important legal debate about the European Union Law that has some regulations (Rome I, Rome II, and Brussels I) to prescribe what substantive law and which jurisdiction may be of use to judge civil liability violations. This legal debate will grow in importance since the GDPR will give motives to a whole lot of new lawsuits about data protection.

European Union Law

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Environmental Law ◽  
Eu Law ◽  
Research Topics ◽  
European Union Law ◽  
The Core ◽  
European Institutions ◽  
The Subject ◽  
Free Movement Of Goods ◽  
Substantive Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The tenth edition of EU Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, and further reading suggestions help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts and general principles, free movement of goods and persons, and citizenship.

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