Internal Market Preventive Controls of National Technical Standards and eir Impact on Environmental Measures

2011 ◽  
Vol 8 (3) ◽  
pp. 252-272
Author(s):  
Nicolas de Sadeleer
Keyword(s):  
Member State ◽  
Internal Market ◽  
Technical Standards ◽  
Member States ◽  
National Technical ◽  
Environmental Measures ◽  
National Environmental ◽  
Technical Rules ◽  
The Eu

AbstractWith a view to overcoming the shortcomings of “negative harmonisation”, the EU lawmaker has been adopting different directives requiring the Member States to notify to the Commission their draft regulations setting technical standards before their enactment. The aim of this article is to shed the light on two internal market preventive procedures: Directive 98/34 on the provision of information in the field of technical standards and regulation and Regulation 764/2008/EC relating to the application of certain national technical rules to products lawfully marketed in another Member State. In particular, the paper assesses the manner in which the directive and the regulation are likely to impinge on the enactment of national environmental measures.

Identifying the (dis)placement of ‘new’ Member State social interests in the posting of workers: the case of Latvia

2018 ◽  
Vol 14 (1) ◽  
pp. 131-153
Author(s):  
Zane Rasnača
Keyword(s):  
Member State ◽  
Market Structure ◽  
Internal Market ◽  
Economic Interests ◽  
Member States ◽  
New Member States ◽  
Social Standards ◽  
Social Interests ◽  
The Eu

Social and economic interests of ‘new’ and ‘old’ Member States along centre and periphery axis – Judicial and legislative developments concerning the posting of workers – Continuous deepening of the divide between centre and periphery – Lack of placement of new Member States’ social interests at the EU level – The need to place social interests firmly in the EU (internal market) structure – Developing meaningful common social standards to mitigate the centre/periphery divide

Enhanced Cooperation and European Tax Law

2021 ◽  
Author(s):  
Caroline Heber
Keyword(s):  
Member State ◽  
Internal Market ◽  
State Aid ◽  
Entire Group ◽  
Eu Law ◽  
Negative Effects ◽  
Member States ◽  
State Laws ◽  
Cooperation Mechanism ◽  
The Law

The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform EU law. The law creates harmonisation and coordination between the participating Member States, but it may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State’s trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws—their nexus between the law of a single Member State and secondary EU law—also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

scholarly journals Durable Relationship and Family Members “by Analogy” in the European Union

2018 ◽  
Vol 10 (4) ◽  
pp. 175
Author(s):  
Tanel Feldman ◽  
Marco Mazzeschi
Keyword(s):  
Member State ◽  
Family Member ◽  
Family Members ◽  
The European Union ◽  
Member States ◽  
Registered Partnership ◽  
The Family ◽  
Definition Of ◽  
Union Citizen ◽  
The Eu

Rights of residence derived from a durable relationship with an EU citizen, are left to a relatively wide discretion of the Member States. Pursuant to Article 2.2 (b) Directive 2004/38/EC (“Directive”), “the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State” qualifies as family member. Provided that they have a durable relationship (duly attested) with an EU citizen, pursuant to Article 3.2(b), unregistered partners are as well beneficiaries of the Directive. The durable relationship was expressly excluded from the scope of Article 2(2)(b): “Unlike the amended proposal, it does not cover de facto durable relationships” (EU Commission, Document 52003SC1293). Article 3 (2)(a) covers “other family members” (no restrictions as to the degree of relatedness) if material support is provided by the EU citizen or by his partner or where serious health grounds strictly require the personal care of the family member by the Union citizen. Pursuant to Article 3.2, “other family members” and unregistered partners can attest a durable relationship, must be facilitated entry and residence, in accordance to the host Member State’s national legislation. In the light of Preamble 6 Directive, the situation of the persons who are not included in the definition of family members, must be considered “in order to maintain the unity of the family in a broader sense”. The questions discussed in this paper are the following: (i) are Member States genuinely considering the concept of durable relationship in view of maintaining the unity of the family in a broader sense? and (ii) how to overcome legal uncertainty and which criteria, both at EU and at international level, can be taken into account in order to assess whether a durable relationship is genuine and should be granted the rights set forth by the Directive?

scholarly journals Russian-German initiative tackles infectious diseases

2007 ◽  
Vol 12 (19) ◽  
Author(s):  
Collective Editorial team
Keyword(s):  
European Union ◽  
Infectious Diseases ◽  
Member State ◽  
Union Member ◽  
Member States ◽  
Transnational Cooperation ◽  
European Union Member States ◽  
The Eu

Transnational cooperation is often essential when dealing with infectious diseases, and one challenge facing European Union Member States is finding ways to collaborate with partners outside the EU. An example of one Member State doing just this is the Koch-Metschnikow-Forum (KMF).

scholarly journals The Effect of Enforceability

Lexonomica ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 17-28
Author(s):  
Bettina Nunner-Krautgasser
Keyword(s):  
Member State ◽  
European Law ◽  
Member States ◽  
Coercive Measures ◽  
Res Judicata ◽  
Performance Judgments ◽  
Austrian Law ◽  
The Eu

In this paper, the author focuses on the effect of enforceability, in particular in relation to Austrian law. However, insights into German and European law are also provided. Enforceability is an effect of a judgment which is basically only granted to performance judgments. Declaratory and constitutive decisions (with the exception of the decision on costs) are not enforceable as such. As a result, the order for performance contained in the judgment can be enforced by state coercive measures. Enforceability occurs upon termination of the performance period. Enforceability is neither a consequence of, nor necessarily coincides with, res judicata. The introduction of the Brussels Ia Regulation has fundamentally changed the system of enforcement of foreign decisions. Decisions given in the EU Member State and enforceable in that State are now enforceable in another Member States without the need for a declaration of enforceability.

scholarly journals Difference of application of VAT in EU member states during the supply of goods including installation

2008 ◽  
Vol 56 (3) ◽  
pp. 47-56
Author(s):  
Petr David ◽  
Danuše Nerudová
Keyword(s):  
Czech Republic ◽  
Member State ◽  
Scientific Work ◽  
The State ◽  
Member States ◽  
Standard Methods ◽  
Eu Countries ◽  
Eu Member States ◽  
The Eu

There still exist the differences in provision of VAT, in interpretation of VAT provisions and application of the rules in practice between the EU member states. Application of VAT during the supply of goods with installation to other EU member state, both during the existence of establishment in the state of customer and also without it, is considered to be one from the problematic field. Other discrepancies are created by inclusion of the sub suppliers, who can come from other EU member state or from the same state as customer, to this transaction. Questions of VAT application during the supply of goods with installation to other EU member state were processed by using standard methods of scientific work in the frame of five selected EU countries – Hungary, Poland, Romania, Slovakia and Czech Republic.

3. Union Competences

2020 ◽  
pp. 61-82
Author(s):  
Robert Schütze
Keyword(s):  
Internal Market ◽  
Member States ◽  
Second Development ◽  
The Third ◽  
The Past ◽  
Teleological Interpretation ◽  
External Powers ◽  
The Eu

This chapter explores the scope and nature of the European Union's legislative competences. Based on the principle of conferral, the EU must act within the scope of competences conferred upon it by the Member States. Three legal developments have significantly undermined the principle of conferral in the past. First, there has been a rise of teleological interpretation. The EU's competences are here interpreted in such a way that they potentially ‘spill over’ into other policy areas. The second development is the rise of the EU's general competences. The EU enjoys two very general legislative competences that horizontally cut across the various policy titles within the EU Treaties: Articles 114 and 352 TFEU, which concern internal market competence and residual competence, respectively. The third development is the doctrine of implied external powers. The chapter then studies the different categories of EU competences: exclusive, shared, coordinating, and complementary.

6. Free movement of persons

2020 ◽  
pp. 121-153
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
General Principle ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Scope Of Application ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.

11. Free movement of goods

2020 ◽  
pp. 294-322
Author(s):  
Sylvia de Mars
Keyword(s):  
Member State ◽  
Specific Volume ◽  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
Legal Rules ◽  
Starting Point ◽  
Free Movement Of Goods ◽  
The Uk ◽  
The Eu

This chapter explores the free movement of goods, which lies at the very heart of the internal market. The idea of the free movement of goods was the starting point that the EEC Treaty aimed for, and remains one of the greatest achievements of the EU to date. However, as with everything in EU law, there are a lot of legal rules underpinning a fairly straightforward concept. The Treaty contains two separate sets of provisions that address matters of taxation when it comes to trade in products. The first relates to border taxation, while the second relates to internal taxation. With regard to non-taxation issues, the primary issue is quantitative restrictions: situations where a Member State either blocks a specific volume of products from entering its market, or outlaws/bans a product altogether. The chapter then considers the exceptions to free movement of goods, and assesses how Brexit may impact on the free movement of goods between the UK and the EU.

The Internal Market at a Social Turn? Social dumping and the protection of workers

2020 ◽  
Vol 22 (4) ◽  
pp. 403-420
Author(s):  
Catherine Jacqueson
Keyword(s):  
Member State ◽  
Competition Law ◽  
Internal Market ◽  
The Other ◽  
Free Movement ◽  
Race To The Bottom ◽  
The Social ◽  
To Come ◽  
The One ◽  
The Eu

Free movement should in theory enable individuals to fight poverty at home by finding employment in another Member State. Yet, free movement is not always that easy and can in practice lead to social dumping in specific sectors where posted workers ultimately push salaries to the bottom. Such a race to the bottom might also arise outside a free movement context when workers are falsely qualified as self-employed thus undercutting wages. This article argues that EU economic law both creates risks of social dumping and remedies them. It calls for a rebalancing of the liberal ethos of the principle of free movement and competition law on the one hand, and the social objectives of the EU, on the other hand. A key question is whether it is possible to redress the balance between the economic and the social from within the internal market logic or whether the social push has to come from outside.

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