Public Procurement Principles Generated by the Treaty of Rome

2020 ◽  
Vol 26 (2) ◽  
pp. 217-223
Author(s):  
Ioan-Gabriel Popa
Keyword(s):  
European Economic Community ◽  
Public Procurement ◽  
Free Movement ◽  
European Directives ◽  
Community Institutions ◽  
Treaty Of Rome ◽  
General Principles Of Law ◽  
Free Movement Of Goods ◽  
The One

AbstractIn order to understand the principles of public procurement in Romania, it is necessary to analyze, on the one hand, the European directives that regulate the actual public procurement and, on the other hand, the context in which the European directives were adopted. Even with the directives in force, the more general provisions contained in the Treaty of the European Economic Community (EEC) in Rome, hereinafter referred to as the Treaty, are applied, as well as many more general principles of law that will guide the interpretation of these directives. The Treaty was adopted in Rome, in 1957 and became applicable from January 1, 1958. It is considered that the source of the principles of public procurement is the Treaty. Even if in Treaty contained no specific provisions regarding the field of public procurement, it reflects the principles and the general framework for the functioning of the single market, a market characterized through the prism of the fundamental freedoms established by the Treaty: the free movement of goods, services, capital and persons. As the field of public procurement is closely linked to the free movement of goods, this principle is promoted and implemented in the practice of this field based on the regulations, directives and decisions of the Community institutions. The role of the free movement of goods is to harmonize the relationships involved in the process of purchasing goods, but also to ensure the homogeneity, coherence and balance of this process.

scholarly journals Enhanced Cooperation and Free Movement. Territorial Aspects of ‘Harmonisation’

2017 ◽  
Vol 7 ◽  
pp. 249-267
Author(s):  
Miłosz Malaga ◽  
Anna Wilińska-Zelek
Keyword(s):  
Intellectual Property Rights ◽  
Patent Protection ◽  
The Other ◽  
Free Movement ◽  
Eu Law ◽  
European Union Law ◽  
Free Movement Of Goods ◽  
The One ◽  
The Relationship ◽  
Unitary Patent

In this article we examine the notion of ‘harmonisation’ in its interplay with the application of provisions on the free movement of goods. Due to the introduction of the European unitary patent protection system, we are witnessing the first cases of adopting enhanced cooperation in the internal market. This fact raises new, systemic questions concerning the concept of ‘harmonisation’ in European Union law. Are only legal, substantive aspects covered by its definition or should the territorial range of a legal act be taken into account? If yes – to what extent? Since the adoption of enhanced cooperation covers the field of intellectual property rights, the above questions concern the relationship between exercising those rights on the one hand and the principle of free movement on the other. A closer look at this matter leads to the conclusion that the unitary patent might not provide the solution to one of the problems that created for. More generally, in this article we conclude that when defining the concept of ‘harmonisation’, one should take its territorial scope into account narrowly, so as not to infringe the principles of EU law.

One and Triune – Mutual Recognition and the Circulation of Goods in the EU

2020 ◽  
Vol 13 (3) ◽  
pp. 7-35
Author(s):  
Luca De Lucia
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Free Movement Of Goods ◽  
The Eu

This article deals with mutual recognition in relation to the free movement of goods and aims to demonstrate that, as a result of harmonisation policies, this principle is not unitary in its design. Focusing in particular on the role of national authorities (or that of other bodies that carry out this same function), it examines three models through which mutual recognition operates. These models are: a) mutual recognition under the Treaty (the European legislator has laid down three different regulations over the years to facilitate the functioning of this mechanism); b) transnational administrative authorisations; c) conformity assessments and certifications of conformity issued by notified bodies. This article first highlights how these models protect the free circulation of goods to varying extents and how they are aimed at coordinating different forms of pluralism: regulatory, administrative and that of the market. Two legislative developments regarding this subject are then briefly discussed. Finally, after having mentioned some consequences of the harmonisation legislation on the principle of mutual recognition, some observations are made about possible research developments in this matter.

The British and French Systems of Control of the Export of works of Art

1996 ◽  
Vol 45 (3) ◽  
pp. 557-591 ◽  
Author(s):  
Michael Polonsky ◽  
Jean-François Canat
Keyword(s):  
European Community ◽  
Free Movement ◽  
Customs Union ◽  
Court Of Justice ◽  
Works Of Art ◽  
European Court ◽  
Equivalent Effect ◽  
Treaty Of Rome ◽  
The Subject ◽  
Free Movement Of Goods

Article 9 of the Treaty of Rome, as amended by the 1992 Treaty on European Union (the Maastricht Treaty), declares that the European Community “shall be based upon a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect”.1 The principle was thereby established of the free movement of goods within the European Community. The Treaty does not define “goods” for the purposes of the Articles (9 to 37) which make up the Title dealing with “Free Movement of Goods”, but the European Court of Justice has held that “goods” means “products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions”. From this it is clear that works of art are included in the “goods” that are intended to circulate freely within the Community.

Discrimination and Free Movement in EC Law

1996 ◽  
Vol 45 (1) ◽  
pp. 82-108 ◽  
Author(s):  
Nicolas Bernard
Keyword(s):  
Free Movement ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Rule Of Reason ◽  
Indirect Discrimination ◽  
Free Movement Of Goods ◽  
Ec Law ◽  
Community Legal Order ◽  
The Eu

Fundamental issues sometimes hide themselves behind what to an untrained eye might look like a technical and somewhat dry debate. Thus, a layman hearing Community lawyers' talk about the legal basis of legislation might be excused for not realising that the issue may be that of the role of the European Parliament in the European Union, and therefore the democratic legitimacy of the EU institutions. The debate about the function of the concept of discrimination in the law on the free movement of goods, services and persons in the Community is one of those discussions which has more to offer than meets the eye. What the debate is really about is the balance of powers between the member States and the Community and the federal nature of the Community legal order as well as, incidentally, the balance between market principles and other values embodied in legislation. Translated by specialists in the free movement of goods in the Community, it has become, in the context of Article 30 of the Treaty: should we read a “rule of reason” within Article 30, or can Cassis de Dijon be explained in terms of indirect discrimination?

scholarly journals Regulating Free Movement of Goods within the European Union

2018 ◽  
Vol 21 (35) ◽  
pp. 61-77
Author(s):  
Daniel Berlingher
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
Critical Element ◽  
The European Union ◽  
Legal Provisions ◽  
Free Movement Of Goods ◽  
Globalized World ◽  
Present Text

Abstract The principle of the free movement of goods in one of great importance for the European Union and for in general and for the Internal Market and the European citizens in particular. Starting from the fact that the Internal market is considered to be a critical element for the present and future prosperity of the European Union in a globalized world, the objective of the present text is to present and analyse, in a concise manner, the main legal provisions that govern this field. In order to accomplish this objective we made reference to the following aspects: considerations regarding the role and importance of the free movement of goods in the European internal market; the role of the European Commission within the internal market and implicitly for the free movement of goods; Treaty provisions governing the free movement of goods; and related instruments of secondary law related to the free movement of goods.

scholarly journals Critical political economy, free movement and Brexit: Beyond the progressive’s dilemma

2017 ◽  
Vol 19 (3) ◽  
pp. 479-496 ◽  
Author(s):  
Owen Parker
Keyword(s):  
Political Economy ◽  
United Kingdom ◽  
Human Mobility ◽  
Free Movement ◽  
Trade Off ◽  
Progressive Politics ◽  
Shared Identity ◽  
The United Kingdom ◽  
Free Movement Of Goods ◽  
The One

The progressive’s dilemma suggests that a trade-off exists between, on the one hand, labour and welfare rights underpinned by solidarity and shared identity and, on the other hand, open immigration regimes. With reference to debates on EU free movement in the United Kingdom, it is argued (1) that a progressive European critical political economy literature of the Left has a tendency to accept this dilemma and resolve it in favour of the former; (2) that it does so because it erroneously conflates the free movement of people with the (increasingly neoliberal) free movement of goods, capital and services; and (3) that it could and should treat human mobility as qualitatively different and, consequently, need not accept the terms of the progressive’s dilemma. The argument has important implications for a progressive politics in general and for the Left’s (particularly the Labour Party’s) position in the United Kingdom on free movement (and, by extension, on Brexit).

Bona fides: a requirement for the acquisition of ownership by means of specificatio

2006 ◽  
Vol 74 (3-4) ◽  
pp. 289-318
Author(s):  
Christina Kraft
Keyword(s):  
The Other ◽  
Raw Material ◽  
Free Movement ◽  
Legal Certainty ◽  
Other Hand ◽  
Free Movement Of Goods ◽  
The One ◽  
The Right

AbstractThere are good reasons why bona fides should be seen as a requirement for the acquisition of ownership through specificatio. Firstly, the specificator produces something new, a res aliqua, and is therefore given the right to incorporate the product in his property by occupatio. Secondly, if the specificator knew he was working with foreign raw material, and therefore knew that by his performance he was depriving the owner of the material of his property, the specificator would commit a furtum. A res nova, the origin of which is chained with a furtum, can never be res habilis. When balancing the respective interests of the specificator on the one hand and the owner of the material on the other hand, one finds that accepting bona fides of the specificator as a requirement for his acquisition of ownership is convenient to ensure both legal certainty and the free movement of goods.

scholarly journals Changes in Vietnamese language from globalization and localization

2021 ◽  
pp. 223-239
Keyword(s):  
Social Media ◽  
Global Economy ◽  
French Language ◽  
Free Movement ◽  
Specific Location ◽  
Entire Process ◽  
The World ◽  
Free Movement Of Goods ◽  
Opening Up

The paper demonstrates the role of globalization and localization in the process of Vietnam’s interaction and integration with other cultures, causing changes in Vietnamese language. Globalization is defined as the free movement of goods, services and people of the worldwide scope across the borders of countries, resulted from the opening up of the global economy and advances of technologies. The increasing interconnectedness and integration of the economies of the world furnish more influx of information among countries which do not have anything in common and Internet and social media well contribute to such spread. Not only the pros but the cons of globalization are used to explain the part of localization as the entire process of adapting a product or content to a specific location or market. The paper indicates localization as the Vietnamese people’s endeavor to adapt Vietnamese language to the world while protecting and enhancing the national characters. The differences between localization and globalization are analyzed to demonstrate the value and requirements of localization in the present time. The influences of Sino-Vietnamese and French language are also found out as evidences of the phenomena. The changes of Vietnamese language from globalization and localization are illustrated with devices, ideas and images referring to the objects, actions or ideas.

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