Sale of goods made to the consumer’s specifications at a trade fair: ab initio no right of withdrawal: Case C-529/19 Möbel Kraft, EU:C:2020:846

2021 ◽  
pp. 1023263X2199601
Author(s):  
Reinhard Steennot
Keyword(s):  
European Union ◽  
Ab Initio ◽  
Trade Fair ◽  
The European Union ◽  
Consumer Rights ◽  
The Right ◽  
Right Of Withdrawal

Within the European Union, consumers concluding contracts with traders either at a distance or outside the traders’ premises are generally entitled to withdraw from the contract. However, in certain cases, enumerated in article 16 of the Consumer Rights Directive, the right of withdrawal does not apply. One of the exceptions to the right of withdrawal concerns contracts relating to the supply of goods that are made to the consumer’s specifications or that are clearly personalized. In Möbel Kraft, the ECJ decided that a trader may rely on this exception from the outset and not only after he has begun to produce the goods.

Observations on the Right to Withdraw from the European Union: Who are the “Masters of the Treaties”?

2005 ◽  
Vol 6 (11) ◽  
pp. 1755-1760 ◽  
Author(s):  
Jochen Herbst
Keyword(s):  
European Union ◽  
The European Union ◽  
Constitutional Treaty ◽  
European Constitution ◽  
The Status ◽  
The Right ◽  
Right Of Withdrawal

Discussing the withdrawal provision pursuant to Article I-60 of the Constitutional Treaty (CT), also referred to as the sunset clause, in the morning light of the establishment of a European Constitution is pretty much like talking about divorce on your wedding day. Before I try to start analyzing the text of this new provision, I will briefly outline the status of the legal debate on the right of withdrawal from the current EU/EC Treaty. In this context, I would like to highlight three aspects by making one political and two legal observations.

Formulation of rights and European legal discourse: any theory behind it?

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Elena Ioriatti Ferrari
Keyword(s):  
Linguistic Diversity ◽  
The European Union ◽  
Actual Structure ◽  
Multilingual Communication ◽  
Consumer Rights ◽  
Official Languages ◽  
Council Regulation ◽  
The Right ◽  
Right Of Withdrawal ◽  
The Eu

AbstractEver since the very beginning of the European Economic Community, the EU has regulated European linguistic diversity through a policy of multilingualism (Art. 217 of the E.C. Treaty and Council Regulation No 1 April 15, 1958). Within this policy, the legislator introduced the right of EU citizens to communicate with the EU institutions in each one of the official languages. The possibility of multilingual communication with the EU institutions is not only a practical solution, but a real “core” right, recognized even in the Lisbon Treaty. In this framework, it is worth providing practical solutions as well as considering whether or not, the European Union is also favoring the enactment of rights at the European level, by formulating, enforcing and even communicating the same rule to all EU citizens, with the aid of a multilingual drafting. The EU legal terminology providing rights comes into being through specific mechanisms of lexical creation, which chiefly consist of coining semantic neologisms. Moreover, all legal texts must be written in accordance with EU drafting guidelines, prescribing that “rules have to be drafted bearing in mind their translation in all the official languages”. The consequence of these drafting techniques is that multilingualism influences not only the translation, but the actual structure and content of the rule: very often the result of this praxis is a pragmatic, detailed, concrete regulation of legal instruments, rather than a system of rights. A clear example is given by the directives on consumer protection – nowadays “Directive on Consumer Rights” – and particularly the well known “right of withdrawal”; a consumer opportunity to withdraw from a contract within seven (now fourteen) days is undeniably a proper “right”. However, the regulation provided in the directives is more focused on the procedure of withdrawal (the instrument) than on the effect of the withdrawal from the contract (the right). In general, the multilingual drafting of EU norms – and consequently of EU

scholarly journals The Rise of Right-Wing Extremism in European Union

2015 ◽  
Vol 17 (1) ◽  
pp. 43-57
Author(s):  
Ljupcho Stevkovski
Keyword(s):  
European Union ◽  
Young People ◽  
Economic Crisis ◽  
Living Standards ◽  
Radical Right ◽  
Right Wing ◽  
The European Union ◽  
Balkan Countries ◽  
The Right ◽  
Right Wing Extremism

It is a fact that in the European Union there is a strengthening of right-wing extremism, radical right movement, populism and nationalism. The consequences of the economic crisis, such as a decline in living standards, losing of jobs, rising unemployment especially among young people, undoubtedly goes in favor of strengthening the right-wing extremism. In the research, forms of manifestation will be covered of this dangerous phenomenon and response of the institutions. Western Balkan countries, as a result of right-wing extremism, are especially sensitive region on possible consequences that might occur, since there are several unresolved political problems, which can very easily turn into a new cycle of conflicts, if European integration processes get delayed indefinitely.

Jungtinių Tautų ir Europos Sąjungos tikslinės finansinės ribojamosios priemonės: poreikis užtikrinti teisę į teisingą procesą

2021 ◽  
Author(s):  
◽  
Viltė Kristina Steponėnaitė
Keyword(s):  
European Union ◽  
United Nations ◽  
Fair Trial ◽  
The European Union ◽  
The United Nations ◽  
The Right ◽  
Restrictive Measures

Targeted financial restrictive measures of the United Nations and the European Union: necessity to ensure the right to a fair trial

The Right to Healthcare in the Common European Asylum System

2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
Undocumented Migrants ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
Interpretative Approach ◽  
The Right

Abstract This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs).

scholarly journals Ευθανασία: Πρακτικές που εφαρμόζουν οι χώρες της Ευρωπαϊκής Ένωσης

Bioethica ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 89
Author(s):  
Αλεξάνδρα Κοζαμάνη (Alexandra Kozamani)
Keyword(s):  
European Union ◽  
End Of Life ◽  
The Other ◽  
Self Determination ◽  
Healthcare Personnel ◽  
The European Union ◽  
Other Hand ◽  
Receive Treatment ◽  
The Right

Euthanasia is one of the issues that bioethics deals with, which is one of the outmost importance. Furthermore it is very up-to-date. In Greece and in most countries of the European Union euthanasia has not been subject to specialized legislation. It is only occasionally debated, resulting in tension and conflict. On one hand, people have the right to self determination, so the end of life should be among them. On the other hand, life is considered to be of the highest value and it is the duty of healthcare personnel to guard and preserve it by any means, using their expertise and knowledge.In this paper, a brief report is made to the practices used across countries in the European Union regarding the end of life. Most countries are opposed to euthanasia while acknowledging the right of a patient to refuse or receive treatment. Only three countries have passed bills that legalize euthanasia under strict conditions. The rest, due to sensitivity in this matter, have not yet proceeded in reforming their laws accordingly. It seems that society does not have the necessary reassurances so that they can engulf that issue guarding the true will of a person.

scholarly journals Comentarios a la propuesta del Parlamento Europeo y del Consejo del certificado verde digital. Protección de datos sanitarios y análisis ético jurídico

Bioderecho.es ◽  
2021 ◽  
Author(s):  
Gloria María González Suárez
Keyword(s):  
European Union ◽  
European Commission ◽  
Health Data ◽  
Current Situation ◽  
Point Of View ◽  
Free Movement ◽  
The European Union ◽  
Legal Questions ◽  
Ethical Point ◽  
The Right

Con motivo de la situación actual a la que nos enfrentamos por la pandemia de la COVID-19 se ha planteado en diversas ocasiones la implantación de un certificado verde digital. El 17 de marzo de 2021 la Comisión Europea presentó una propuesta de creación del certificado con el fin de facilitar el ejercicio del derecho a la libre circulación dentro de la Unión Europea durante la pandemia. Todo ello plantea diversas cuestiones jurídicas en cuanto a la protección de datos sanitarios, el derecho a la libre circulación y la eficacia y proporcionalidad de medidas que deben ser objeto de análisis tanto desde el punto de vista jurídico como del punto de vista ético ya que, en ciertas ocasiones la aplicación de medidas puede afectar al derecho a la igualdad de los ciudadanos. Due to the current situation we are facing due to the COVID-19 pandemic, the implementation of a digital green certificate has been proposed on several occasions. On March 17, 2021, the European Commission presented a proposal to create the certificate in order to facilitate the exercise of the right of free movement within the European Union during the pandemic. All this raises various legal questions regarding the protection of health data, the right of free movement and the efficacy and proportionality of measures that must be analyzed from both the legal and ethical point of view since, on certain occasions the application of measures may affect the right of equality of citizens.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

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