scholarly journals Legal status of direct sales of agricultural and food products in the legislation of selected EU Member States

2020 ◽  
pp. 65-77
Author(s):  
Anna Kapała
Keyword(s):  
Legal Status ◽  
Food Products ◽  
Agricultural Activity ◽  
Business Law ◽  
Member States ◽  
Direct Sales ◽  
Eu Member States ◽  
Italian Law ◽  
The Status ◽  
Definition Of

The purpose of the discussion presented in the article was to determine the legal status of direct sale of agricultural and food products and its place in the agricultural activity in the legislation of selected EU Member States: Poland, Italy, and France. The considerations show that each legislator has chosen a different way of determining the legal status of this activity, though with a view to a similar ratio legis, which is to support it by enabling and facilitating farmers involvement. In Polish law, “agricultural retail sale” is outside the narrow definition of agricultural activity. It is not, however, subject to the provisions of business law provided it meets the conditions specified in law. Italian law defines the status of direct sales explicitly as agricultural, situating them among connected agricultural activities carried out by the agricultural entrepreneur. The detailed criteria for its connection with the agricultural activity by nature constitute a separate special regulation. In French law, thanks to the broad definition of agricultural activity, the place of direct sale as an agricultural activity par relation which is an extension of the act of production, is defined by case-law.

scholarly journals The 1954 Convention Relating to the Status of Stateless Persons: Implementation Within the European UnionMember States and Recommendations for Harmonization

Refuge ◽  
2005 ◽  
pp. 31-58
Author(s):  
Carol Batchelor
Keyword(s):  
European Union ◽  
Union Member ◽  
Practical Implementation ◽  
Member States ◽  
Eu Member States ◽  
The Status ◽  
Definition Of ◽  
European Union Member States

This article provides an assessment of the implementation of the 1954 Convention relating to the Status of Stateless Persons as of 2003 within the fifteen European Union Member States. The study provides a brief overview of the history, object, and purpose of the 1954 Convention, analyzing the definition of statelessness and methods for practical implementation. Approaches taken by EU Member States to the identification and recognition of stateless persons on their respective territories are assessed, and recommendations aimed at furthering harmonization of approaches as between States are outlined.

scholarly journals Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states

2020 ◽  
pp. 392-398
Author(s):  
Olga Ovechkina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Member States ◽  
Legal Entity ◽  
Eu Member States ◽  
Cross Border ◽  
Eu Directive ◽  
The Status ◽  
Personal Law ◽  
Legal Entities

entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice. In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.

scholarly journals Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states

2020 ◽  
pp. 392-398
Author(s):  
Olga Ovechkina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Member States ◽  
Legal Entity ◽  
Eu Member States ◽  
Cross Border ◽  
Eu Directive ◽  
The Status ◽  
Personal Law ◽  
Legal Entities

entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice. In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.

The challenge of Populist Radical Right Parties to Europeanization – the cases of Estonia and Latvia, 2018-2021

2021 ◽  
Vol 19 (3) ◽  
pp. 143-175
Author(s):  
Aleksandra Kuczyńska-Zonik ◽  
Peteris F. Timofejevs
Keyword(s):  
Western Europe ◽  
Family Law ◽  
Same Sex ◽  
Member States ◽  
Legal Recognition ◽  
Political Actors ◽  
East European ◽  
Same Sex Couples ◽  
Eu Member States ◽  
Definition Of

Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.

scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

Part III Practical Challenges, 8 European Antitrust Criminalization and the First Challenge of Design: Defining the Criminal Cartel Offence

2014 ◽  
Author(s):  
Whelan Peter
Keyword(s):  
Criminal Offence ◽  
Member States ◽  
Eu Member States ◽  
Definition Of ◽  
The Impact ◽  
The Eu

This chapter analyses the first challenge of design for European antitrust criminalization: defining the criminal cartel offence itself. There are two problematic issues concerning the definition of a criminal cartel offence, both of which must be understood—if not resolved—by legislatures that are serious about the effective enforcement of their criminal cartel laws. First, the impact of Regulation 1/2003 on the design and operation of a national cartel offence needs to be articulated. This is an issue which is unique to the EU Member States. Second, the legislature which is responsible for drafting a given national criminal cartel law is required to make a decision about how to deal with ‘acceptable’ cartel activity. The challenge for the drafters of a criminal cartel offence is how to ensure that 'acceptable' cartel activity is carved out of the criminal offence without making the offence unworkable in practice.

scholarly journals THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

2018 ◽  
pp. 90-98
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
Refugee Status ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Political Group ◽  
The Status ◽  
The Eu

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.

scholarly journals Legal Instruments to Support Local Food Systems in Italian Law

2020 ◽  
Vol 9 (1) ◽  
pp. 5-11
Author(s):  
Anna Kapała
Keyword(s):  
Food Systems ◽  
Local Food ◽  
Food Products ◽  
Local Food Systems ◽  
Farmers Markets ◽  
Direct Sales ◽  
Italian Law ◽  
Many Instruments ◽  
The Social ◽  
Final Consumer

AbstractThe purpose of the discussion is an attempt to determine in what forms, which meet the criteria of local food systems (LFS), it is possible under Italian law to sell agri-food products by the farmer who is their producer. These forms imply a direct sale, or with the participation of at most one intermediary, to the final consumer, in close geographical distance between the place of production and sale. The analysis showed that Italian legislator, national and regional, provides for many instruments that are crucial in creating LFS, such as direct sales of agri-food products, farmers’ markets reserved only for the local farmers; the sale of meals consisting of the farmer’s products at the agritourism; wine routes; regional designation “products from zero kilometres”, emphasizing the geographical proximity between the place of manufacture and the place of sale; as well as a support for the social initiatives such as Solidarity Purchasing Groups.

scholarly journals The Concept Of Unfair Contract Terms

2021 ◽  
pp. 3-13
Author(s):  
I.M. Harhat
Keyword(s):  
The United States ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Legal Literature ◽  
Commercial Code ◽  
Unfair Terms ◽  
Definition Of ◽  
Contractual Rights ◽  
The Eu

The article explores the concept of «unfair terms contract terms» through the analysis of its origin and fixing in the legislation and legal literature of the European Union, Ukraine and the United States. Comparisons of interpretations of this concept according to Directive 93/13/EEC, Model Rules of European Private Law, The Uniform Commercial Code, as well as the Law of Ukraine «On Consumer Protection». In the article author notes that the definition of unfair terms of the contract is a complex symbiosis of material and procedural, a combination of justice and dishonesty, comparison of signs of «imbalance of interests» and «significantly disadvantaged» and therefore at this stage of civil law is not can be defined unambiguously. It is investigated that the modern civil legislation of Ukraine is still in solidarity with the legislation of most EU member states in terms of introducing this concept primarily to protect consumer rights. Regarding the definition of «unfair terms», author notes that Ukrainian legislation follows common legal trends and recognizes unfair terms when they violate the principle of good faith and fairness, as well as when they lead to a significant imbalance of contractual rights and obligations of the parties and harm the consumer. As a result, it was found that in general the concept of «unfair terms» is evaluative and can not by its very nature reflect the motives laid down in the contract by one or another party. The Court of EU and the courts of the EU member states do not give general conclusions on a case-by-case basis, using the definitions contained in the text of Directive 93/13/EEC, which set out the conditions that may be considered unfair. Author proposes to use the sign «significantly unfavorable position» proposed by A.A.Leff to define the concept of «unfair terms of the contract», as it will improve the protection of the interests of the economically weaker party in the contract.

scholarly journals Who gets all the PIE? Regulation of the statutory audit for private UK companies

2019 ◽  
Vol 32 (5) ◽  
pp. 1297-1324
Author(s):  
Iain Clacher ◽  
Alan Duboisée de Ricquebourg ◽  
Amy May
Keyword(s):  
Accounting Profession ◽  
Private Company ◽  
Private Companies ◽  
Member States ◽  
Content Type ◽  
Eu Member States ◽  
Audit Market ◽  
Audit Firms ◽  
Definition Of ◽  
The Uk

Purpose While recently introduced EU regulation on the statutory audit of public interest entities (PIEs) aims to improve audit competition and quality, its success and impact depends on the definition of a PIE applied across the various EU Member States. In the UK, even though little is known about their auditing choices, these changes will not apply to most private companies despite their importance to the wider economy. The purpose of this paper is to provide an in-depth analysis of the private company audit market and examine the lobbying behaviour of the accounting profession around the definition of a PIE in the UK. Design/methodology/approach Using a large panel of independent private company audits in the UK and a textual analysis of submitted comment letters to a government consultation on the new regulation, this paper presents a comprehensive analysis of the audit market for private companies by measuring supplier concentration using four different measures of market share, and of the lobbying behaviour of the accounting profession. Findings There are two main findings. First, the private company audit market is characterised by low auditor switching rates along with a tight oligopoly of the largest independent private company audits maintained by the Big Four audit firms. Second, the lobbying behaviour of accounting and audit firms sought, and succeeded, to limit the scope of the definition of a PIE in the UK, consistent with the theoretical predictions of monopoly capitalism and the theory of professions. Originality/value The paper shows that the definition and scope of a PIE needs revisiting both within the UK and across all EU Member States, with a view to including more of these economically important private companies and highlights the policy challenge of increasing competition and choice in a concentrated audit market.

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