scholarly journals Delays, cancellations and compensation: Why are air passengers still finding it difficult to enforce their EU rights under Regulation 261/2004?

2020 ◽  
Vol 27 (2) ◽  
pp. 230-249 ◽  
Author(s):  
Sara Drake
Keyword(s):  
European Union ◽  
European Commission ◽  
Consumer Protection ◽  
Layered System ◽  
Eu Law ◽  
The European Union ◽  
Legislative Reform ◽  
The Poor ◽  
The World ◽  
Complex Hybrid

The aim of this article is to identify why air passengers travelling in the European Union, endowed with the highest standard of consumer protection in the world under EU law, are still being denied their rights and finding it difficult to seek effective legal redress. This article argues that the principal cause of airlines’ non-compliance is the poor regulatory design of Regulation 261/2004, which has been compounded by inadequate application by the Member States and regulatory resistance by the airlines. This contribution will then demonstrate how the European Commission (‘Commission’) has responded through the adoption of both deterrence and compliance-based enforcement strategies, and maps out the mechanisms, tools and actors harnessed by the Commission to create a complex hybrid, multi-layered system of enforcement. The article reveals that enforcement gaps persist and argues that the effectiveness of the regime is unlikely to improve without legislative reform.

Diplomatic Protection in EU Law: What’s New under the Sun?

2014 ◽  
Vol 9 (2) ◽  
pp. 150-175 ◽  
Author(s):  
Federico Forni
Keyword(s):  
European Union ◽  
International Law ◽  
European Commission ◽  
European Community ◽  
The Sun ◽  
International Agreement ◽  
Eu Law ◽  
The European Union ◽  
Diplomatic Protection ◽  
Effective Role

Summary This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.

scholarly journals Wpływ regulacji rynku na funkcjonowanie sektora cukrowniczego w Polsce

2014 ◽  
pp. 127-141 ◽  
Author(s):  
Michał Pietrzak ◽  
Marcin Mucha
Keyword(s):  
European Union ◽  
European Commission ◽  
Sugar Industry ◽  
Free Market ◽  
World Market ◽  
The European Union ◽  
Market Conditions ◽  
The World ◽  
Sugar Market ◽  
The Eu

In the period 1990–2013 sugar industry in Poland faced numerous legal transformations, shifting from nearly free-market conditions into a strongly regulated sector. Changes of the sugar industry regulations had a significant impact on the structure of the sugar market, companies’ actions and, as a result, on their performance. Accession to the European Union and the reform of the sugar regime conducted from 2006 to 2010 on the initiative of the European Commission involved deep restructuring and modernization of the factories, which caused growth of their productivity. However, prices of sugar in the EU and in Poland are much higher than prices on the world market.

E-COMMERCE AND SOME OF THE FEATURES OF CONSUMER PROTECTION RIGHTS UNDER EU LAW

Lex Russica ◽  
2019 ◽  
pp. 140-145
Author(s):  
M. V. Nekoteneva
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Service Providers ◽  
Economic Behavior ◽  
Eu Law ◽  
The European Union ◽  
Commercial Activity ◽  
Provision Of Services ◽  
Distance Selling

The paper deals with the problems of consumer protection rights in the distance selling and service provision, e-Commerce under the law of the European Union (the main and additional requirements for the information provided at various stages of the agreement; the consequences of non-fulfillment of the information obligations by the counterparties of the consumer provided by the EU law). The provisions of the acts of primary and secondary law of the European Union affecting the regulation of consumer protection rights in the distance selling and provision of services, e-Commerce are analyzed. The responsibility of service providers acting as intermediaries in the implementation of e-Commerce is considered. The classification of prohibited types of unfair influence on the economic behavior of the consumer is provided, i.e. improper influence, unfair commercial activity (and its types), etc. The prospects of studying and adapting the experience of the European Union in the field of regulation of consumer protection in the distance selling and provision of services, e-Commerce for the Russian Federation are noted. Some features of regulation of sale of goods (services) through the Internet are highlighted, and general recommendations on improvement of the current legislation are given.

scholarly journals Consumer legal protection in the EU

2020 ◽  
Vol 83 ◽  
pp. 01013
Author(s):  
Mária Dzúrová
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Legal Protection ◽  
Health Problems ◽  
Individual Member ◽  
The European Union ◽  
Major Health ◽  
Consumer Safety ◽  
The World ◽  
The Eu

Consumer protection is a very wide-ranging issue and needs to be given due attention. It concerns the safety of consumers in the environment of individual countries of the world, it concerns the consumer safety of certain groups, such as the European Union. The basic frameworks of consumer protection are set by the guidelines of world organizations - the UN, WHO, but also the European Union and individual member states. In the area of consumer protection, attention is paid to major health problems caused by unsuitable food, such as food scandals, various types of diseases - mad cow disease, swine fever, covid 19.

scholarly journals Polityka konkurencji Unii Europejskiej w warunkach globalizacji gospodarki światowej

2016 ◽  
pp. 43-59
Author(s):  
Ewa Latoszek ◽  
Agnieszka Kłos
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Policy ◽  
World Economy ◽  
Internal Market ◽  
The European Union ◽  
Member States ◽  
The World ◽  
The Eu

The aim of this article is to present the essence of competition policy and its implementation in the European Union in the context of ongoing globalization of the world economy. The paper will present selected factors that stimulate the process of globalization, main objectives and tools supporting the functioning of the EU internal market, and the place of the European Commission as a body that enforces compliance with the rules of competition by companies and the Member States.

Object and intention under Article 101 TFEU: Lessons from Australia, New Zealand and analytical jurisprudence

2019 ◽  
Vol 48 (3) ◽  
pp. 114-141
Author(s):  
Kelvin Hiu Fai Kwok
Keyword(s):  
European Union ◽  
New Zealand ◽  
European Commission ◽  
Common Law ◽  
Competition Law ◽  
Legal Interpretation ◽  
The European Union ◽  
Analytical Basis ◽  
The World ◽  
The Relationship

What does it mean for an agreement to have an anticompetitive ‘object’ under Article 101(1) of the Treaty on the Functioning of the European Union? Can the European Commission support an ‘object’ case by reference to the agreement parties’ subjective intention, and if so, how? What exactly is the relationship between an agreement’s object and the parties’ subjective intention under competition law? This article is the first to bring insights from Australian and New Zealand cases, as well as analytical jurisprudence, to bear on these underexplored yet important questions affecting the European Union and common law jurisdictions around the world. Using Ronald Dworkin’s theory of legal interpretation as the analytical basis, this article argues for a ‘mixed’ conception of the ‘object’ concept which enables an anticompetitive object to be proven either objectively or subjectively. Anticompetitive subjective intention accordingly provides an independent, alternative basis for competition law liability for agreements; the lack of such intention, meanwhile, does not help exculpate parties who are liable based on their objective purpose to restrict competition. This article also argues that voluntariness and evidentiary limits ought to be imposed on the use of anticompetitive subjective intention in the ‘object’ analysis of agreements.

Value and Structure of Public Aid in Poland Against the European Union Background During the Years 2007-2012

2014 ◽  
Vol 9 (1) ◽  
pp. 17-29
Author(s):  
Roman Kisiel ◽  
Małgorzata Kamińska ◽  
Wiesława Lizińska
Keyword(s):  
European Union ◽  
European Commission ◽  
Consumer Protection ◽  
State Aid ◽  
The State ◽  
The European Union ◽  
The Public ◽  
Public Aid ◽  
Increasing Trends ◽  
The Eu

Evaluation of changes in the value and structure of public aid in Poland and EU during the years 2007-2012 was the objective of the paper. The data from reports by the Office of Competition and Consumer Protection as well as data from the State Aid Scoreboard published by the European Commission based on the information provided by the Member States concerning that aid was used. In Poland, evident increasing trends of the horizontal aid value can be observed. In 2012, as compared to 2007, it increased by 0.5 billion euro to the level of 1.64 billion euro. Its share in the total value of support oscillates within 55-60% range. In the European Union that share is generally at the level of 70-74%. In Poland, the sectoral aid is limited gradually although its magnitude still differs from the Union standards. In 2012, the share of that aid was relatively small at ca. 14% while in the EU it was 12.9%. The regional aid is at the similar level both in Poland and in the EU oscillating around 20%. However, in 2012, the share of regional aid in Poland increased to the level of 26% and it was higher by 8 pp than the share of that aid in the EU. Significant differences are characteristic for the share of the aid in the GDP. During the period covered by the study the largest differences occurred in 2010 when the share of support in Poland was 1.7% of the GDP and in the EU 0.6% of the GDP. In 2012, a half of the public aid in Poland was allocated to large enterprises. 

Qui Exanimis Nascitur? Can “Better Regulation” in the European Union really be a Servant of Technocracy?

2017 ◽  
Vol 8 (2) ◽  
pp. 387-402
Author(s):  
Morten JARLBÆK PEDERSEN
Keyword(s):  
European Union ◽  
European Commission ◽  
Regulatory Reform ◽  
Low Risk ◽  
Eu Law ◽  
The European Union ◽  
Better Regulation ◽  
Output Legitimacy

AbstractBetter regulation is of grave importance to the European Union, as it is seen as a way of obtaining output legitimacy. To achieve this, the European Commission has established a so-called REFIT Stakeholder Platform where stakeholders’ proposals for more effective and efficient EU law are discussed. The central premise for this meta-regulatory instrument is depoliticisation of the REFIT program and the whole better regulation agenda. To ensure this, the European Commission plays a crucial gatekeeping role by only granting access for proposals that echo that premise and by securing depoliticised deliberation afterwards. Utilising a novel typology linking regulatory reform proposals to the risk of politicisation, the argument advanced in this article is that only a minority of the proposals to be considered by Platform members have a low risk of depoliticisation. This, it is argued, is due to the Commission not having a sufficiently well-developed understanding of the premises for REFIT it has itself established.

11. Free movement of goods II: non-tariff barriers

2020 ◽  
pp. 287-318
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Commission ◽  
Case Law ◽  
European Court Of Justice ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Goods

This chapter examines European Union (EU) law concerning non-tariff barriers to free movement of goods. It describes member states’ attempts to influence imports and the way the European Commission and the European Court of Justice (CoJ) handled these issues. This chapter explains the provisions of the relevant legislation for non-tariff barriers, which include Articles 34, 36, and 35 of the Treaty on the Functioning of the European Union (TFEU). It also analyses example cases including ‘Dassonville’, ‘Cassis de Dijon’, and post ‘Keck’ case law. It concludes with a consideration of the latest trend of cases concerning product use and residual rules.

scholarly journals A New Order: The Digital Services Act and Consumer Protection

2021 ◽  
pp. 1-17
Author(s):  
Caroline CAUFFMAN ◽  
Catalina GOANTA
Keyword(s):  
European Union ◽  
European Commission ◽  
Consumer Protection ◽  
Freedom Of Expression ◽  
Regulatory Reform ◽  
New Order ◽  
The European Union ◽  
European Union Law ◽  
Digital Platforms ◽  
Digital Services

On 16 December 2020, the European Commission delivered on the plans proposed in the European Digital Strategy by publishing two proposals related to the governance of digital services in the European Union: the Digital Services Act (DSA) and the Digital Markets Act (DMA). The much-awaited regulatory reform is often mentioned in the context of content moderation and freedom of expression, market power and competition. It is, however, important to bear in mind the contractual nature of the relationship between users and platforms and the additional contracts concluded on the platform between the users, in particular traders and consumers. Moreover, the monetisation offered by digital platforms has led to new dynamics and economic interests. This paper explores the reform proposed by the European Commission by means of the DSA by touching upon four main themes that will be addressed from the perspective of consumer protection: (1) the internal coherence of European Union law; (2) intermediary liability; (3) the outsourcing of solutions to private parties; and (4) digital enforcement.

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