scholarly journals ОСОБЛИВОСТІ І ТЕНДЕНЦІЇ РОЗВИТКУ РЕГУЛЮВАННЯ ТРАНСКОРДОННИХ ОПЕРАЦІЙ З ФІНАНСОВИМИ ІНСТРУМЕНТАМИ В ПРАВІ ЄС

2019 ◽  
Vol 13 ◽  
pp. 228-237
Author(s):  
І. П. Яновська
Keyword(s):  
Legal Regulation ◽  
Free Movement ◽  
Financial Instruments ◽  
Technical Standards ◽  
Eu Legislation ◽  
Current Trends ◽  
Free Movement Of Capital ◽  
The Eu

Стаття присвячена аналізу сучасних тенденцій розвитку правового регулювання депозитарної системи в ЄС, зокрема збільшенню технічних норм в нормативних актах ЄС. Ідентифіковано проблемні питання, через які ринки постторгових послуг залишають­ся національно-орієнтованими, а через те недостатньо сприяють вільному руху капіталу у формі фінансових інструментів, в т. ч. цінних паперів, в масштабі ЄС.   The article deals with the analysis of current trends in the legal regulation of depository system in the EU, in particular the increase in technical standards in EU legislation. It also identifies problematic issues due to which markets of post-trading services are nationally-oriented, and therefore contribute little to the free movement of capital in the form of financial instruments, including securities, within the EU.

scholarly journals Land market and e-services in Bulgaria

2008 ◽  
Vol 53 (No. 4) ◽  
pp. 167-172 ◽  
Author(s):  
D. Stoyneva
Keyword(s):  
Current Paper ◽  
Free Movement ◽  
Land Market ◽  
Land Prices ◽  
Land Cultivation ◽  
Particular Solution ◽  
Accession Process ◽  
Unrealistic Expectations ◽  
Free Movement Of Capital ◽  
The Eu

Bulgaria faced and still is facing many challenges in the accession process to the EU. Free movement of capital, and especially the development of the land market, is one of them. Although the progress is made, the market is still developing and the land prices are still below the average prices in EU. There are different reasons for this: very fragmented land after the restitution process, chaotic transactions, lack of bank credits for agricultural purposes, unrealistic expectations after the accession to the EU, etc. The land lease continues to be the preferred way for land cultivation instead of buying of land. All those problems are studied in the current paper. A concept for e-service that could contribute to solving the problems is introduced; relevant e-services are summarized and a particular solution is presented that uses results of the eTen project Bizmap.net. It is described how this solution could be used in the Bulgarian land market.

10. Free movement of goods (II): quantitative restrictions and measures having equivalent effect

2021 ◽  
pp. 322-362
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Technical Standards ◽  
Equivalent Effect ◽  
Standards And Regulations ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter discusses the non-pecuniary obstacles to the law on the free movement of goods in the EU. It discusses the following: prohibition of quantitative restrictions and measures having equivalent effect; grounds of derogation under Article 36 TFEU; indistinctly applicable measures and mandatory requirements, Cassis de Dijon and developing the list of mandatory requirements; principles of mutual recognition and equivalence; Case C-267 and 268/91 Keck and Mithouard (1993) and certain selling arrangements; presentation requirements; the conditions in Keck and the difficulties in finding a consistent rule; the blurred distinction between Article 36 TFEU and ‘mandatory requirements’; Article 35 TFEU; and Directive 98/34 on the provision of information in the field of technical standards and regulations.

Approximating Ukraine’s Laws to Those of the European Union Concerning Meat and Meat Products Cold Chain

2020 ◽  
Vol 9 (3) ◽  
pp. 978
Author(s):  
Kateryna O. RODIONOVA ◽  
Volodymyr M. STESHENKO ◽  
Ivan V. YATSENKO
Keyword(s):  
European Union ◽  
Meat Products ◽  
Legal Regulation ◽  
Cold Chain ◽  
The European Union ◽  
Meat Processing ◽  
Processing Industry ◽  
Eu Legislation ◽  
The Eu

The main objectives of the research were such: to define the concept of cold chain as an object of legal regulation; to find out the content and features of the EU legislation on the safety and quality of meat and meat products during cold chain and its use in Ukraine; to characterize the legal bases of the current legislation of Ukraine on ensuring the safety and quality of meat and meat products during cold chain, to formulate proposals and recommendations aimed at improving the national legislation of Ukraine by approximating it to the EU legislation, which sets requirements for the safety and quality of meat and meat products throughout cold chain. To achieve the abovementioned objectives, the following methods were used: comparative legal, analytical, systemic, dialectical, generalizing, specific-search, structural-functional, semantic, methods of deduction and induction, etc. The content and features of the legal regulation of the safety and quality of meat and meat products in the current legislation of the European Union and Ukraine have been clarified. For the first time, the definition of the term 'cold chain' has been proposed by reference to it in author's editorial, which should influence its clearer scientific and practical understanding. It is determined that the temperature regimes of cold processing, storage and transportation of meat and meat products in Ukraine are regulated by a large number of legal acts, in particular: national standards of Ukraine (DSTU), technical regulations, technological instructions, rules of transportation, etc. It is found that national legal acts do not provide a systematic understanding of the particularities of cold chain legal regulation in the meat processing industry in order to ensure the safety and quality of meat and meat products. As a result of departmental inconsistency, the existing storage temperature parameters for the same product type in different legal acts differ from each other, which does not allow to determine the actual storage periods at different stages of the cold chain. In addition, current legal acts in Ukraine do not provide for constant monitoring of the temperature of cold-processed meat and meat products throughout all cold chain units and the hygienic condition of refrigerators throughout the shelf life. As a result, the cold chain is very difficult to be controlled and requires a large number of factors to be taken into account in order to bring safe and high-quality meat and meat products to the end consumer. According to the results of the research, proposals and recommendations are formulated to improve the national legislation of Ukraine governing the cold chain in the meat processing industry.

scholarly journals Legislative Regulation of the Production of Organic Agricultural Products in Ukraine

2018 ◽  
Vol 5 (2) ◽  
pp. 83-90
Author(s):  
Nadiia Bahai
Keyword(s):  
Raw Materials ◽  
Legal Regulation ◽  
Organic Production ◽  
Agricultural Products ◽  
National Legislation ◽  
Eu Legislation ◽  
Legislative Regulation ◽  
Further Development ◽  
The Eu

The article analyzes the legislation on the production of organic agricultural products in Ukraine. Legal acts regulating the relationships in the sphere of production and circulation of organic agricultural products (raw materials) are analyzed. The main scientific approaches to the further development of national legislation on the production of organic agricultural products are investigated. The article formulates the suggestions on the improvement of legal regulation of organic production in Ukraine as well as on the adaptation of Ukrainian legislation on the production of organic agricultural products (raw materials) to the EU legislation.

Part A Regulatory Matters, 2 EU Banking Law

2015 ◽  
Author(s):  
Proctor Charles
Keyword(s):  
Banking Regulation ◽  
Free Movement ◽  
Member States ◽  
Banking Services ◽  
Home State ◽  
Eu Directives ◽  
The Uk ◽  
The Right ◽  
Free Movement Of Capital ◽  
The Eu

This chapter discusses EU banking law, which has significantly influenced banking regulation in the UK. It covers the background to the EU Directives in the field of banking law; deposit-taking prohibition; the authorization process; the relevance of the freedoms created by the EU Treaties; the right to establish a branch in other Member States; the right to provide services in other Member States; the provision of banking services from within an institution's home State; the free movement of capital and banking services; and a Commission Interpretative Communication on territoriality questions arising in the field of EU banking law.

ON THE ADAPTATION OF UKRAINIAN LEGISLATION IN THE FIELD OF ATMOSPHERIC AIR PROTECTION TO THE LAW OF THE EUROPEAN UNION

2018 ◽  
Author(s):  
Viktoriia Bredikhina ◽  
◽  
Yuliya Ignatyuk ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
International Standards ◽  
The European Union ◽  
Adaptation To Climate Change ◽  
Atmospheric Air ◽  
Best Available Technologies ◽  
Eu Legislation ◽  
The World ◽  
The Eu

Atmospheric air is one of the main vital elements of the environment. The constant growth of the negative anthropogenic impact on it leads to a deterioration in the ecological state of the environment, an increase in morbidity and an increase in the risk of mortality among the population. This article explores the basic principles of legal protection of atmospheric air, on which EU legislation is based. In particular, ‒ is taking into account influences, practical reach, the principle of universality, uncertainty of requirements for specific technologies, the principle of the best available technologies, as well as the principle of "pollutant pays". The authors also analyzed the standards and standards of air quality of the EU, proposed ways to solve the problem of improving national legislation in this area, bringing it in line with international standards. The experience of some European countries proves the need and importance of implementing effective standards of air pollution, since ignoring such normalization can lead to detrimental consequences not only in Ukraine but also around the world. The article states that the regulatory and legal regulation of this sphere in the EU is effective and in a sense exemplary, because with the help of various legal instruments effective air protection is carried out, adaptation to climate change, which makes it possible to properly ensure environmental safety of the population not only in Europe, but also around the world. Ukraine, by adopting relevant regulations at the present stage of the development of legal regulation, takes generally successful steps in the field of approximation of its environmental legislation to EU legislation. However, this process is still gaining momentum and does not exclude problems, contradictions that can inhibit this approximation.

The Scope of the EU Treaty-Making Power on Foreign Investment: Between Wishful Thinking and Pragmatism

2016 ◽  
pp. 86-115
Author(s):  
Luis M. Hinojosa-Martínez
Keyword(s):  
European Union ◽  
Foreign Investment ◽  
Trade Agreement ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Lively Debate ◽  
The Common ◽  
Free Movement Of Capital ◽  
The Eu

Since the Treaty of Lisbon introduced ‘foreign direct investment’ into the provisions on the common commercial policy of the European Union (EU), the scope of that competence has raised a lively debate. Much less attention, however, has been paid to the rules on the free movement of capital in the Treaty on the Functioning of the European Union, although this area is highly relevant to clarify the blurred boundaries of the EU’s competence concerning foreign investment. This article reviews arguments from the chapter on the free movement of capital and from the recent European practice and case-law to shed light on the debate about the competence on foreign investment. It also depicts the circumstances in which the Court of Justice has to deliver its Opinion on the EU competence to sign and conclude the EU-Singapore Free Trade Agreement.

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