EU Customs Law

2018 ◽  
Author(s):  
Timothy Lyons QC
Keyword(s):  
Eu Law ◽  
Member States ◽  
Customs Unions ◽  
The Third ◽  
History Of ◽  
Direct Tax ◽  
The Eu

The third edition of EU Customs Law provides a fully updated treatment of legislation, new treaties and cases in the two courts of the EU especially but also in Member States. This volume also includes commentary on the Union Customs Code and secondary legislation, and increased coverage of areas such as the wider role of customs authorities apart from the collection of customs duty, such as security of goods and post 9/11 developments generally, the history of customs unions and their implications for governments, non-EU customs unions to which EU law is relevant, and the inter-relation between customs duty and direct tax.

The Application of European Law in the New Member States: Several (Early) Predictions

2005 ◽  
Vol 6 (3) ◽  
pp. 563-582 ◽  
Author(s):  
Zdeněk Kühn
Keyword(s):  
Eu Enlargement ◽  
Future Application ◽  
European Law ◽  
Eu Law ◽  
Member States ◽  
New Member States ◽  
Probable Outcome ◽  
Domestic Law ◽  
The Eu

After the EU Enlargement of 2004, the law courts of the new Member States now fulfill a twofold role of applying both national and European law. The application of European law also entails the duty of judges to construe their own domestic law as close as possible with EU law, and, if that is not possible, the duty arises to set aside the domestic law found to be incompatible with European law. In consequence, developments in the next decade will test judges’ capacity for properly applying European law and this process will inevitably present a serious challenge to the Central European judicial systems. While evaluations can first be made no sooner than a few years after the EU Enlargement, there are important indications that can suggest the probable outcome of that challenge. This article briefly outlines the application of European law in those countries prior to EU Enlargement and then deals with the important factors which are likely to influence its future application in the new Member States.

Strengthening the Single Market through informal dispute-resolution mechanisms in the EU: The case of SOLVIT

2018 ◽  
Vol 25 (1) ◽  
pp. 108-117
Author(s):  
Evgenia Kokolia
Keyword(s):  
Dispute Resolution ◽  
Single Market ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Eu Legislation ◽  
Cross Border ◽  
Key Characteristics ◽  
The Eu

SOLVIT is an informal out-of-court dispute-resolution tool between the EU Member States and Norway, Lichtenstein and Iceland to practically help citizens and businesses when encountering problems in cross-border situations with their rights enshrined in EU legislation. In light of the recently adopted Commission Communication on the reinforcement of SOLVIT, 1 the authors analyse its key characteristics and challenges. The authors concludes that an enhanced role of SOLVIT can efficiently promote a culture of compliance and smart enforcement of EU law in the Single Market together with the Member States.

The Fisheries Issues of the 2004 Second European Union Accession Treaty: A Comparison with the 1994 First Accession Treaty

2004 ◽  
Vol 19 (2) ◽  
pp. 93-150 ◽  
Author(s):  
Peter Ørebech
Keyword(s):  
Transitional Period ◽  
Eu Law ◽  
Member States ◽  
State Legislation ◽  
Individual Transferable Quotas ◽  
Eu Legislation ◽  
Phase Out ◽  
New System ◽  
The Eu

AbstractThe 1994 and 2004 Accession Treaty and Act of Accession require that the Applicant Member States adopt EU legislation and policy. The goal of the Accession Treaty is to phase out Applicant Member State legislation and institute the pre-emptive role of EU law. The EU fisheries acquis directly affects natural and juridical persons. Member states maintain legislative competence within 12 nautical miles during the transitional period, which ends in 2012. With the exception of specific areas delegated to Member States, national provisions will then be terminated. The "relative stability" and national quota regulations remain in effect and deter direct fishing by other Member States' vessels. Quota hopping, on the other hand, opens the door to foreign fishing interests. A new system of individual transferable quotas will further contribute to the decline of the inherent discrimination amongst EU citizens within fisheries sector.

scholarly journals History of a (Limited) Success: Five Points on the Representativeness of the Committee of the Regions

2018 ◽  
Vol 10 (2) ◽  
pp. 96-116a
Author(s):  
Giuseppe Martinico
Keyword(s):  
Eu Law ◽  
Limited Success ◽  
Recent Developments ◽  
History Of ◽  
Committee Of The Regions ◽  
Representative Function ◽  
Eu Commission ◽  
The Eu

Abstract This article briefly explores the reasons why the Committee of the Regions (CoR) has only partially accomplished its representative function. It is divided into three parts. In the first part I argue that the ambiguous nature of the CoR is the consequence of the polysemous notion of ‘region’ in EU law (Palermo, 2005) and of the very heterogeneous approach to the ‘federal issue’ in Europe. In the second part of the article I look at the recent developments that have given the CoR new powers, for instance in light of Art. 263 TFEU in order to defend its own prerogatives and Art. 8 of Protocol No 2 on the application of the principles of subsidiarity and proportionality. This will be done by looking at a recent resolution of the CoR on a proposal made by the EU Commission to amend Regulation (EU) No 1303/2013. Finally, I deal with some proposals that have been advanced to strengthen the role of the CoR, and their feasibility.

EU COVID-19 Certificates: A Critical Analysis

2021 ◽  
pp. 1-10
Author(s):  
Iris GOLDNER LANG
Keyword(s):  
Public Health ◽  
European Union ◽  
Critical Analysis ◽  
Eu Law ◽  
Member States ◽  
The Third ◽  
Cross Border ◽  
Green Certificates ◽  
The Eu ◽  
Cross Border Movement

On 17 March 2021, the European Commission put forward its Proposal for a Regulation on Digital Green Certificates, which would facilitate European Union (EU) cross-border movement during the COVID-19 pandemic. The Regulation on the EU Digital COVID Certificate was adopted on 14 June 2021 and it will start to apply from 1 July 2021. This article examines the main declared goals of the new Regulation – the first being that Digital COVID Certificates facilitate safe cross-border movement, the second being that they preclude more restrictive national measures, the third being that they prevent discrimination and the fourth being that they coordinate Member States’ actions. In so doing, it highlights the main benefits and weaknesses of the Regulation, but it also goes beyond the Regulation by tackling broader questions of EU law that will be of relevance even once the pandemic is over. In this respect, the paper highlights the importance of science in assessing the proportionality of pandemic-related measures and of choosing the least restrictive and the most individualised options when restricting free movement due to public health reasons. It also identifies the effects EU certificates will have on Member States’ regulation of national COVID-19 certificates, notably those designed for other purposes than cross-border travel, and it shows that there is a thin line between the EU’s and national competences in this area.

scholarly journals Member States’ Compliance with EU Law in 2018 in the Field of Internal Market

2018 ◽  
Vol 22 (36) ◽  
pp. 15-40 ◽  
Author(s):  
Daniel Berlingher
Keyword(s):  
European Commission ◽  
Annual Report ◽  
Internal Market ◽  
Legal Order ◽  
Eu Law ◽  
Member States ◽  
Complex Process ◽  
Present Text ◽  
The Eu

Abstract The present text is dedicated to analysing the situation of Member States’ compliance with EU law in the field of Internal Market because it is one of the most important aspects of the process of European consolidation. In the introductory part we presented the central role of the European Commission because it is the institution that monitors the implementation of the EU law in the national legal order of each Member State. At the centre of our analysis is the 2017 Annual Report of the European Commission. Here we presented in a schematic manner the European norms that the Member States had to implement in their legal order in 2017. We concluded our research by presenting the evolution of this complex process with reference to the data furnished by the Single Market Scoreboard. The situation did not know a significant improvement in the process of Member States’ compliance with EU law. We can see that things evolved but we consider that this evolution could have been better if Member States would have dedicated more attention to this process.

The Interplay between the European Commission, Member States and Utilities in the Debate on Transmission Network Unbundling

2011 ◽  
pp. 137-158
Author(s):  
Paolo Nardi
Keyword(s):  
European Commission ◽  
Energy Policy ◽  
Market Model ◽  
Transmission Network ◽  
Policy Integration ◽  
Press Releases ◽  
Member States ◽  
The Third ◽  
The Eu

A long debate among European Commission and Member States brought to the final approval of the third package on energy (June 2009). This work firstly introduces an overview of the principal acts and positions of the major players involved in the decision making process of the third package. Three different scenarios or models are suggested, according to the scholars' suggestions, to interpretate the debate: a pure pro-market model, capture by lobbies of hybridised utilities or a struggle for geopolitical supremacy. Afterwards these models are checked on the base of the main positions and comments of the EC members, the MS and the Utilities, as emerged from an analysis of documents, press releases, interviews and articles across 2007 and 2008. Conclusions point out that the debate on unbundling can be interpreted as a struggle for supremacy, because the EC which aims at a stronger role inside and outside its borders on energy policy. Integration of energy markets can be considered as a first step for the centralization of energy policy: afterwards, the essential role of energy for the development of the contemporary society will increase the EU polity's importance respect to national states.

BIOETHICAL AND LEGAL ASPECTS OF THE USE OF ANIMALS FOR SCIENTIFIC PURPOSES

2020 ◽  
pp. 10-15
Author(s):  
D. A. Lebedeva ◽  
Yu. A. Shcheglov
Keyword(s):  
Legal Aspects ◽  
Modern Concept ◽  
Member States ◽  
Ethical Attitude ◽  
Eu Directive ◽  
History Of ◽  
History Of Bioethics ◽  
The Eu

This work scrutinizes modern bioethical concepts of the use of animals for scientific purposes, as well as legal aspects of its use. Initially, the authors present a brief excursion into the history of bioethics and then focus on the modern concept of ethical attitude to the animals used for scientific purposes. The authors analyze the EU Directive on the protection of animals used for scientific purposes, as well as the EAEU acts and by-laws of the EAEU member states, and conclude that it is necessary to adopt a supranational act within the EAEU that will regulate the use of animals for scientific purposes in accordance with the principles of reduction, replacement and refinement.

EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
International Human Rights Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Functional Understanding ◽  
Scope Of Application ◽  
International Refugee Law ◽  
Border Controls ◽  
The Eu

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

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