scholarly journals Pirkuma līguma objekta izpratne jauno patērētāju pirkuma direktīvu gaismā

2021 ◽  
pp. 11-27
Author(s):  
Jānis Kārkliņš ◽  
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Goods And Services ◽  
Rights Protection ◽  
The Subject ◽  
Free Movement Of Goods ◽  
Special Rules ◽  
High Level ◽  
New Consumer

One of the objectives of the European Union is to create an internal market in which the free movement of goods and services is ensured. At the same time, by ensuring the free movement of goods and services, the European Union has a duty to promote a high level of consumer protection. In order to achieve both of these goals at the same time, the European Union has adopted, among other things, a significant number of directives, which the Latvian legislator has mostly transposed into the Consumer Rights Protection Law. Nevertheless, the development of digital technologies has made it necessary to lay down special rules in the event that the subject of the contract contains digital elements. Taking into account the above, this article provides analysis of the content of the new consumer sales directives (2019/770, 2019/771), their implementa­tion as much as possible in connection with the existing Latvian legal system, as well as views some legal issues related to the implementation of directives in Latvia.

Energías renovables y Tribunal Europeo: la sentencia de la Gran Sala de 1 de julio de 2014, Ålands Vindkraft

2014 ◽  
pp. 1813-1832
Author(s):  
Antonio JIMÉNEZ-BLANCO
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Renewable Sources ◽  
Court Of Justice ◽  
The Subject ◽  
Free Movement Of Goods

LABURPENA: Lan honetan, Europar Batasuneko Justizia Auzitegiak 2014ko uztailaren 1ean emandako epaiaren berri ematen da. Epai hori, hain zuzen, iturri berriztagarrietako energiaren erabilera sustatzeko 2009ko zuzentarauari buruzkoa da. Alor horretako Suediako legediarekin lotutako judizio aurreko auziari buruzko epaia zen. Suediako legedian, hain zuzen, tratamendu desberdina ematen zitzaion energiari, ekoizpenlekuaren arabera. Epaian, erregimen hori ontzat ematen da, ulertzen baita ez dela salgaien zirkulazio askearen kontrakoa. Hori dela eta, lanaren tonua kritikoa da batez ere. RESUMEN: En este trabajo se da cuenta de la Sentencia del Tribunal de Justicia de la Unión Europea de 1 de julio de 2014, con objeto en la Directiva de 2009 sobre el fomento del uso de energía procedente de fuentes renovables. Se trataba de una cuestión prejudicial relativa a la legislación sueca en la materia, que daba un trato diferente según qué lugar de producción de la energía. La Sentencia da por bueno dicho régimen, al no entenderlo contrario a la libre circulación de mercancías. De ahí que el tono del trabajo sea esencialmente crítico». ABSTRACT: This work deals with the judgment of the Court of Justice of the European Union of July 1st 2014 about the Directive of 2009 on the promotion of the use of energy from renewable sources. It was about a preliminary question related to the Swedish legislation on the subject, which gave a different treatment depending on the place of production of the energy. The judgment approves that regime by considering it not contrary to the free movement of goods. Hence, the tone of this work is essentially critical.

Preamble/Recitals

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
Goods And Services ◽  
Free Movement Of Goods ◽  
The Creation

CONSIDERING that cooperation amongst the Member States of the European Union in the field of patents contributes significantly to the integration process in Europe, in particular to the establishment of an internal market within the European Union characterised by the free movement of goods and services and the creation of a system ensuring that competition in the internal market is not distorted;

European Union Law

2021 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Competition Law ◽  
Free Movement ◽  
The European Union ◽  
Constitutional History ◽  
European Union Law ◽  
The Past ◽  
Part Structure ◽  
Free Movement Of Goods ◽  
Substantive Law

European Union Law uses a distinctive three-part structure to examine the constitutional foundations, legal powers, and substantive law of the European Union. This third edition includes an updated dedicated chapter on the past, present, and future of Brexit. Part I looks at the constitutional foundations including a constitutional history and an examination of the governmental structure of the European Union. Part II looks at governmental powers. It covers legislative, external, executive, judicial, and limiting powers. The final part considers substantive law. It starts off by examining the free movement of goods, services, and persons. It then turns to competition law and finally ends with an analysis of internal and external policies.

scholarly journals Approximation of customers’ rights institution concerning retail purchase-sale to the European Union provisions

2020 ◽  
pp. 452-457
Author(s):  
Danylo Demchenko
Keyword(s):  
European Union ◽  
The European Union ◽  
Complete Understanding ◽  
Independent State ◽  
Association Agreement ◽  
Rights Protection ◽  
Consumer Rights ◽  
The Status ◽  
The Subject ◽  
Official Evaluation

In the article the meaning of the customer rights protection is researched regarding the minor purchase and sale, as a fundamentalfor the capitalist economy. Separately, it is noted that the adoption of the law “on consumer rights protection” was one of the first when Ukraine received the status of an independent state and fixed the basic principle of consumer rights protection in Part 2 of Article 50of the Constitution of Ukraine. The importance of the association agreement between Ukraine and the European Union for updating theappropriate level of attention to consumer protection is considered. The Annex XXXIX to the 20 agreement regarding association isdefined, being fundamental for the purposes of the research, in which 15 provisions that concern the subject of the research are outlined.The special attention is devoted to the results that were already accomplished, even without the use of systematic approach by the legalauthorities. Three main spheres are found out, which will undergo swift development, as a consequence of continuation of work onapproximation of Ukrainian legislation to the European sample. Each of the streams is processed specifically and in detail. The optionsof future implementation are provided in the process of analysis. For a more complete understanding, separate statistical analysis wasmade. Special attention is paid to problematic issues that do not allow the executive authorities to approach the legislation with thehigher intensity and more effectively. The author’s vision of the Conception of the governmental policy in the sphere of customer’srights protection for the 2020 period is laid out. The critical remarks are being made regarding the inactivity of the executive authoritiesin attraction of European Committee for the official evaluation of the appropriateness of the Ukrainian legislation to the provisions ofthe European Union. Based on the analysis, the methodological concepts of transformation of the institution of the consumer rights protectionin the Ukrainian legislation are worked out.

18. Free movement of goods

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Relationship

This chapter examines the Treaty provisions designed to ensure free movement of goods within the European Union. It discusses prohibitions on quantitative restrictions, and on measures having equivalent effect to quantitative restrictions (MEQR) in Article 34 Treaty on the Functioning of the European Union (TFEU), in particular considering the key cases of Dassonville, Cassis de Dijon and Keck. It also outlines the prohibition on quantitative restrictions on exports and all measures having equivalent effect. It analyses the development of the jurisprudence relating to MEQR, and explains the provisions of Articles 35 (exports) and 37 TFEU (state monopolies). The chapter also addresses the underlying questions concerning the relationship between free movement and national regulatory competence.

20. Free Movement of Goods: Quantitative Restrictions

EU Law ◽  
2020 ◽  
pp. 725-782
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Market Integration ◽  
Free Movement ◽  
The European Union ◽  
European Court ◽  
Equivalent Effect ◽  
Indirect Discrimination ◽  
Free Movement Of Goods ◽  
Broad Interpretation ◽  
The Uk

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination. The UK version contains a further section analysing issues concerning free movement of goods between the EU and the UK post-Brexit.

Goods, Persons, Services and Capital in the European Union: Jurisprudential Routes to Free Movement

2010 ◽  
Vol 11 (2) ◽  
pp. 159-209 ◽  
Author(s):  
Tim Connor
Keyword(s):  
European Union ◽  
Market Access ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
National Rule ◽  
Free Movement Of Goods ◽  
National Measure

This Paper considers the jurisprudence of the Court of Justice in relation to the free movement provisions of European Community law in relation to goods, persons, services and capital within the European Union. It examines the bases used by the Court in its application of Community free movement provisions to national measures that may seek to hinder the exercise of such rights. From limited enquiry originally founded on considerations of non discrimination based on nationality, to one most recently focussed on the ‘restriction’ to the free movement right, the Paper examines the methods employed by the Court of Justice in its scrutiny of the national measure appearing to conflict with Treaty free movement rights.The examination of the applicable free movement jurisprudence attempts to demonstrate the want of a thematically consistent underpinning within free movement case law. The Paper draws attention to the complexities and even the confusions that appear to be inherent within free movement jurisprudence and arguably evidenced within the Court's journey from ‘discrimination’ to ‘restriction’ as the basis of the enquiry with regard to the application of Treaty free movement rights. In its consideration of Case C-110/05Commission v Italy, Case C-142/05Åklagaren v. Percy Mickelsson v. Joakim Roos, recent jurisprudence with respect to the free movement of goods, the Paper notes that in the context of the ‘measure having equivalent effect’, the emphasis in the assessment of the national rule has shifted to an examination of the effect on market access, rather than a distinction based on the type of rule.

18. Free Movement of Goods:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Member State ◽  
Free Movement ◽  
The European Union ◽  
State Action ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28-30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110-113 TFEU. These issues are considered within the chapter.

14. Free Movement of Goods II

2021 ◽  
pp. 557-596
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
General Internal ◽  
The Common ◽  
Free Movement Of Goods

This chapter examines the constitutional principles governing positive integration. It begins by analysing the scope and nature of the two general internal market competence(s): Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU). The European Union has an—almost—unlimited competence to harmonize national laws that affect the establishment or functioning of the internal market. The chapter then looks at the more limited special competences given to the Union in Articles 113 and 118. It also investigates how the Union can use its internal market competences via distinct harmonization methods. Finally, the chapter offers an excursion into a particular, yet fundamentally important, aspect of positive integration in the internal market: the Common Agricultural Policy.

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