The Case of the Electronic Cigarette in the EU

2014 ◽  
Vol 21 (2) ◽  
pp. 161-175 ◽  
Author(s):  
Eugenie Syx
Keyword(s):  
Smoking Cessation ◽  
The Netherlands ◽  
Legal Status ◽  
Case Law ◽  
Legal Framework ◽  
Electronic Cigarette ◽  
The Other ◽  
The One ◽  
Smoking Cessation Therapy ◽  
The Eu

Abstract Although the electronic cigarette was invented in 2004, only recently the product has started to provoke discussion. On the one hand, the electronic cigarette is characterized by scientific uncertainties. It is not clear whether the device can be used in smoking cessation therapy, whether the use induces non-smokers — including minors — to start smoking and whether the vaporized substances and the act of vaporizing itself (which is smoking an electronic cigarette) is harmful. On the other hand, there is no harmonised European legal framework and different Member States attribute a different legal status to the e-cigarette. In this article, the author analyses how the e-cigarette should be qualified according to the current European legislation and ecj case law and describes how the e-cigarette is qualified in the uk, France, the Netherlands, Belgium and Spain.

Reform of Local Self-government in Serbia – Internal Legal Framework and EU Integration

2018 ◽  
Vol 16 (1) ◽  
pp. 25-45
Author(s):  
Marko Stankovic ◽  
Bojan Milisavljević
Keyword(s):  
Legal Framework ◽  
The Other ◽  
Eu Integration ◽  
The Republic ◽  
European Standards ◽  
Constitutional System ◽  
The One ◽  
The Eu

The paper analyzes Serbian system of local self-government under the Constitution of 2006 and its possible improvements. There are two major aspects of reform. On the one side, there are weaknesses in internal law and practice that were detected in last three decades and six concrete proposals for their correction. On the other side, considering that Serbia negotiates on integration with the EU, some improvements of the system should be a result of that process, fully in accordance with the European standards of local self-government. Reforming the local self-government in both of these directions should lead to better legal framework in the Republic of Serbia and upgrading the constitutional system.

Self-placement of Complex Financial Instruments by Banks to Retail Clients and Civil Liability Issues – An Overview of Greek Case-Law

2021 ◽  
Vol 18 (1) ◽  
pp. 34-75
Author(s):  
Anna O. Mitsou
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Case Law ◽  
The Other ◽  
Recent Case ◽  
Financial Instruments ◽  
Securities Litigation ◽  
Retail Investor ◽  
The One ◽  
The Eu

Abstract This study focuses on self-placement of complex financial instruments to retail clients which is often associated with mis-selling practices. Recent case law in Greece concerning distribution Of “Coco” bonds by a Cypriot bank to its clients reveals, on the one hand, the stand Of Greek Courts concerning the interpretation of certain ambiguous MiFID I Conduct of Business (COB) rules and, on the other, their interplay with civil law duties and the intricacies that arise in order to substantiate a civil liability claim for breach of the COB rules, such as the difficulty to prove causation in securities litigation. The study further evaluates the new MiFID II/MiFIR provisions that relate to the practice of self-placement and supports the adoption of a civil liability regime at the EU level, as well as other alternatives to further enhance retail investor protection.

The Cases of Edam Holland and Gouda Holland

2016 ◽  
Vol 7 (2) ◽  
pp. 444-450
Author(s):  
Vadim Mantrov
Keyword(s):  
European Union ◽  
The Netherlands ◽  
Geographical Origin ◽  
Case Law ◽  
Case Note ◽  
The Other ◽  
The European Union ◽  
Locus Standi ◽  
Court Of Justice ◽  
The One

Cases C-517/14 P and C-519/P, Schutzgemeinschaft Milch und Milcherzeugnisse e.V. v European Commission, Kingdom of the Netherlands, Nederlandse Zuivelorganisatie, unreported 24 October 2014 (Seventh Chamber).In the two related cases commented on, the Court of Justice of the European Union (CJEU) dealt with assessment of locus standi in the case of an applicant who disputed the validity of registration of two indications of geographical origin (IGOs), namely Edam Holland and Gouda Holland, being compound designations and containing a famous generic word designation (name), i.e. Edam and Gouda respectively. The importance of both cases relates, on the one hand, to the fact that registration of these IGOs was challenged on the basis of the generic names Edam and Gouda which are extensively used in practice, occupying a considerable market share. On the other, both cases could be a signal whether the CJEU re–affirms its restrictive approach to assessment of locus standi under Article 263 (4) TFEU. Although the CJEU re–affirmed its longstanding case law on restrictive assessment of locus standi also concerning registration of a compound geographical designation on the basis of a generic name, yet, as is argued in this case note, this approach did not take into account the specifics of registering IGOs (author's summary).

Tiny Land Features in Recent Maritime Delimitation Case Law

2016 ◽  
Vol 31 (1) ◽  
pp. 1-31 ◽  
Author(s):  
Paul von Mühlendahl
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Potential Effect ◽  
The Other ◽  
Conservative Approach ◽  
True Nature ◽  
Secondary Role ◽  
Other Hand ◽  
The One ◽  
The Relationship

A maritime delimitation is, in its very nature, a delicate process, whose complexity can be further compounded by the presence of tiny land features, as they can considerably distort the final delimitation line. In several recent maritime delimitation cases, the question of the legal status of such a feature has arisen on the one hand, and of the potential effect that its presence in the delimitation area should have on the boundary on the other hand. Among the multiple options that international judges or arbitrators may use, they have chosen, and rightly so, a conservative approach, consisting in attributing a largely secondary role, if any, to these chunks of emerged land. This raises the larger issue about the true nature of a maritime delimitation decided by a judge or an arbitrator and, by extension, the relationship between law and nature.

The Making of a President: The European Parliament and the Confirmation of Jacques Santer as President of the Commission

1996 ◽  
Vol 31 (1) ◽  
pp. 62-76 ◽  
Author(s):  
Simon Hix ◽  
Christopher Lord
Keyword(s):  
European Parliament ◽  
The Other ◽  
The European Union ◽  
Political Debate ◽  
European Elections ◽  
Shared Meanings ◽  
Single European Act ◽  
The One ◽  
Council Of Ministers ◽  
The Eu

THE SINGLE EUROPEAN ACT AND THE MAASTRICHT TREATY attempted to balance two principles of representation in their redesign of the institutional structures of the European Union: the one, based on the indirect representation of publics through nationally elected governments in the European Council and Council of Ministers; the other, based on the direct representation of publics through a more powerful European Parliament. There is much to be said for this balance, for neither of the two principles can, on its own, be an adequate solution at this stage in the development of the EU. The Council suffers from a non-transparent style of decision-making and is, in the view of many, closer to oligarchic than to democratic politics. On the other hand, the claims of the European Parliament to represent public sentiments on European integration are limited by low voter participation, the second-order nature of European elections and the still Protean nature of what we might call a transnational European demos. The EU lacks a single public arena of political debate, communications and shared meanings; of partisan aggregation and political entrepreneurship; and of high and even acceptance, across issues and member states, that it is European and not national majority views which should count in collective rule-making.

scholarly journals Free movement of workers in the EU and occupational pensions

2017 ◽  
Vol 19 (2) ◽  
pp. 141-157 ◽  
Author(s):  
Marion Del Sol ◽  
Marco Rocca
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Free Movement ◽  
The European Union ◽  
Occupational Pensions ◽  
Minimum Standards ◽  
Court Of Justice ◽  
Free Movement Of Workers ◽  
The Eu ◽  
Cross National

The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

scholarly journals Palestine’s Joining the World Trade Organization

2017 ◽  
Vol 14 (1) ◽  
pp. 95
Author(s):  
Mohammed I. M. Hamdan ◽  
Mohamed Shawky Abd El-Aal ◽  
Abidin Abdul Hamid Kandil
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Legal Status ◽  
The Other ◽  
Oslo Accords ◽  
The World ◽  
The One

The current study attempts to highlight the stages of Palestine’s joining the World Trade Organization (WTO) and steps that should be followed by Palestine to join the World Trade Organization from the observer to the member. It also clarifies how Palestine joins the World Trade Organization as a state and then as a customs territory. The problem of this study lies in determining the legal effects of Palestine's joining the World Trade Organization as a state on the one hand and as a customs territory on the other. The study aims at clarifying the stages that Palestine will go through in case of joining the World Trade Organization, the steps that Palestine should take to join the World Trade Organization, and the mechanism that should be followed when Palestine joins the World Trade Organization as a state, and then as a customs territory. The study concluded that Palestine must join the World Trade Organization as a customs territory as soon as possible in order to avoid any discussion about the final legal status of its territories according to the Oslo Accords. 

The law applicable to third-party effects of assignment and the conflict rules for insolvency according to EU law

2019 ◽  
Vol 24 (4) ◽  
pp. 664-684
Author(s):  
Christian Heinze ◽  
Cara Warmuth
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Third Party ◽  
Legislative Process ◽  
Insolvency Law ◽  
Ongoing Debate ◽  
Good Opportunity ◽  
Insolvency Regulation ◽  
The Law ◽  
The Eu

Abstract In March 2018, the European Commission issued its proposal for a regulation on the law applicable to third-party effects of assignments of claims, aiming to put an end to the ongoing debate on this issue and the legal uncertainty associated with it. On the basis of the Commission’s decision in favour of the application of the law of the assignor’s habitual residence, this article discusses the consequences of the Proposal under European Union (EU) insolvency law. For that purpose, the coherence of the Proposal with the Insolvency Regulation will be examined, first in general and then in more detail. The analysis comes to the result that the Commission’s objective of aligning the Proposal with the legal framework of the Insolvency Regulation has predominantly been well achieved. The authors point out remaining minor inaccuracies that may be clarified in the further legislative process or by later case law. It is concluded that, from the perspective of international insolvency law, the proposed uniform conflict-of-laws rule at the EU level offers a good opportunity to promote legal certainty with regard to cross-border assignments of claims in the future.

scholarly journals The European Union's policy on human rights and Chinese sovereignism: The case of Xinjiang

2021 ◽  
Vol 73 (1) ◽  
pp. 58-86
Author(s):  
Dragan Trailovic
Keyword(s):  
Human Rights ◽  
Individual Case ◽  
The Other ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
The One ◽  
Xinjiang Uyghur Autonomous Region ◽  
Rights Issues ◽  
The Eu

The article explores the European Union's approach to human rights issues in China through the processes of bilateral and multilateral dialogue on human rights between the EU and the People's Republic of China, on the one hand. On the other hand, the paper deals with the analysis of the EU's human rights policy in the specific case of the Xinjiang Uyghur Autonomous Region, which is examined through normative and political activities of the EU, its institutions and individual member states. Besides, the paper examines China's response to the European Union's human rights approaches, in general, but also when it comes to the specific case of UAR Xinjiang. ?his is done through a review of China's discourse and behaviour within the EU-China Human Rights Dialogue framework, but also at the UN level and within the framework of bilateral relations with individual member states. The paper aims to show whether and how the characteristics of the EU's general approach to human rights in China are reflected in the individual case of Xinjiang. Particular attention shall be given to the differentiation of member states in terms of their approach to human rights issues in China, which is conditioned by the discrepancy between their political values, normative interests and ideational factors, on the one hand, and material factors and economic interests, on the other. Also, the paper aims to show the important features of the different views of the European Union and the Chinese state on the very role of Human Rights Dialogue, as well as their different understandings of the concept of human rights itself. The study concluded that the characteristics of the Union's general approach to human rights in China, as well as the different perceptions of human rights issues between China and the EU, were manifested in the same way in the case of UAR Xinjiang.

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