scholarly journals The Development of Consumer Protection Policy from Roman Law to Modern European Union Law

2021 ◽  
pp. 165-174
Author(s):  
Alla KIRYK

The article examines the development of consumer protection policy from the most ancient historical acts to modern legal acts of the European Union. The key laws of the Roman Empire in the field of consumer protection have been studied, among which the main ones are: «Lex Iulia de Annona», «Edictum de pretiis rerum venalium — Edict of maximum prices», «Civil Code» of Emperor Justinian. It is determined that the studied legislative acts were the first attempts to consolidate the protection of the rights of buyers (consumers). Roman law, which became the basis of modern legal systems in Europe and many non-European countries, has not lost its relevance. Ancient Roman laws are compared with the modern practice of the European Union. The history of the emergence of consumer law in the European Community is considered, which is divided into three key stages from the establishment of the European Community to modern EU policy. It is determined that at the beginning of its creation the EU policy of consumer protection was considered as an element of ensuring the sustainable operation of the internal market. The key constituent acts of the Union are considered, among which the Treaty of Rome of 1957, the Single European Act of 1987, the Treaty of Amsterdam of 1997 and the Charter of Fundamental Rights of the European Union of 2000 are highlighted. The analysis of Art. 2 of the Treaty of Rome stipulates that one of the key goals — protection and improvement of living standards was interpreted also as consumer protection. This strategy was later strengthened by the Amsterdam Treaty of 1997, which identified the promotion of a high level of consumer protection as one of the Community’s tasks. The current EU policy in the field of consumer protection, which is aimed at updating legislation in accordance with modern realities, is studied. Among the key acts of secondary law is the EU Directive № 2019/2161, which focuses on better application and modernization of legislation on consumer protection and amends existing EU directives. It is determined that the current consumer protection policy in the EU ensures the proper and effective functioning of the single market through constant updating of legislation taking into account social, technological, economic and environmental changes.

Author(s):  
Matthew J. Homewood

This chapter traces the origins and development of the European Union (EU) and EU law. The European Economic Community (EEC) was created by the European Community Treaty (the EEC Treaty or Treaty of Rome), signed by the six original Member States in 1957. The Treaty on European Union 1992 created the EU, incorporating the EEC, together with two new policy areas, Co-operation on Justice and Home Affairs and Common Foreign and Security Policy. The Treaty of Lisbon amended the two founding Treaties and replaced all references to the ‘European Community’ with ‘European Union’. Together, the two amended Treaties (the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union) constitute the Treaties on which the EU is founded. This chapter also looks at the UK’s withdrawal from the EU under Article 50 (Brexit).


2020 ◽  
pp. 1-21
Author(s):  
Matthew J. Homewood

This chapter traces the origins and development of the European Union (EU) and EU law. The European Economic Community (EEC) was created by the European Community Treaty (the EEC Treaty or Treaty of Rome), signed by the six original Member States in 1957. The Treaty on European Union 1992 created the EU, incorporating the EEC, together with two new policy areas, Co-operation on Justice and Home Affairs and Common Foreign and Security Policy. The Treaty of Lisbon amended the two founding Treaties and replaced all references to the ‘European Community’ with ‘European Union’. Together, the two amended Treaties (the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union) constitute the Treaties on which the EU is founded. This chapter also looks at the UK’s withdrawal from the EU under Article 50 (Brexit).


2008 ◽  
Vol 23 (3) ◽  
pp. 157-168 ◽  
Author(s):  
Winfried Lotz-Rambaldi ◽  
Ines Schäfer ◽  
Roelof ten Doesschate ◽  
Fritz Hohagen

AbstractAccording to the aim of the Treaty of Rome from 1957 which postulated the free movement of workers throughout the European Union, the European Board of Psychiatry in the UEMS (European Union of Medical Specialists) carried out a comprehensive survey of training in psychiatry, including all member countries in order to evaluate the present state of training in psychiatry in each. The survey should indicate whether the training requirements [UEMS Section Psychiatry. Charter on training of medical specialists in the EU: requirements for the speciality psychiatry. European Archives of Psychiatry and Clinical Neuroscience 1997;247(Suppl.):S45–7; UEMS Section Psychiatry. Charter on training of medical specialists in the EU: requirements for the speciality psychiatry. <www.uemspsychiatry.org/board/reports/Chapter6-11.10.03.pdf>; 2003 [last revision]] have had an impact on the actual conditions of training in psychiatry in the member countries. We gathered 22 questionnaires from 31 national representatives involved and 424 questionnaires completed by the chief of training and the representative of trainees at the responding training centres from 22 countries. The results give an overview about the practice of training in psychiatry in many European countries. While there are great differences between the training centres in different countries, apparent progress towards developing high standards in training in psychiatry has been made.


2021 ◽  
Vol 7 (1) ◽  
pp. 81-90
Author(s):  
Mentor Lecaj ◽  

This paper aims to explain the legal, political and moral obligation of the European Union institutions in the promotion, advancement, respect, and implementation of human rights and freedoms as a universal value, and above all as binding legal- political principles during their efforts in relations with actors both inside and outside the EU. This research work simultaneously analyzes and interprets international legal rules that regulate human rights. Moreover, the cases and means in promoting the human rights used by the European Union in different cultural regions have been compared and analyzed as well as the possibility of changing the approach of EU policy towards countries where the highest level of resistance exist in the accepting of such values.


Policy-Making in the European Union explores the link between the modes and mechanisms of EU policy-making and its implementation at the national level. From defining the processes, institutions and modes through which policy-making operates, the text moves on to situate individual policies within these modes, detail their content, and analyse how they are implemented, navigating policy in all its complexities. The first part of the text examines processes, institutions, and the theoretical and analytical underpinnings of policy-making, while the second part considers a wide range of policy areas, from economics to the environment, and security to the single market. Throughout the text, theoretical approaches sit side by side with the reality of key events in the EU, including enlargement, the ratification of the Treaty of Lisbon, and the financial crisis and resulting Eurozone crisis, focusing on what determines how policies are made and implemented. This includes major developments such as the establishment of the European Stability Mechanism, the reform of the common agricultural policy, and new initiatives to promote EU energy security. In the final part, the chapters consider trends in EU policy-making and the challenges facing the EU.


Author(s):  
Neil Parpworth

The aims of this chapter are threefold. It first briefly considers the events that have led to the creation of the European Community (EC) and the European Union (EU). Secondly, it introduces the reader to the principal institutions of the Union: the European Council; the Council of Ministers; the European Commission; the European Parliament; and the Court of Justice of the EU and General Court. The nature and functions of each of these bodies is considered. Thirdly, the chapter indicates, where appropriate, the nature of the institutional reforms which have occurred following the ratification of the Lisbon Treaty by the member states.


Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the history of the European Union. It covers the historical rationale for the EU; the aims of the EU; the four stages of economic integration; economic and political difficulties; expansion of membership; institutional developments; legal developments; closer European integration; the Treaty of Rome (1957), the Single European Act (1986); the Treaty on European Union (1992); the Treaty of Amsterdam (1997); the Charter of Fundamental Rights; the Treaty of Nice (2001); the Treaty of Lisbon (2007); and the potential process for and impact of ‘Brexit’.


Author(s):  
Ralf Drachenberg ◽  
Alex Brianson

This chapter examines the process of policy-making in the European Union. It first considers how the EU originally made policy decisions before tracing the evolution of the formal balance between the EU institutions over time, with particular emphasis on the increasing legislative power of the European Parliament. It then describes the Community method, which remains the core of the EU policy process but is now complemented with a range of ‘new governance tools’ designed to produce coordinated member state action through iterated processes of standard-setting, best practice identification, and knowledge transfer. One of these processes is the open method of coordination (OMC). The chapter concludes with an analysis of the implementation of EU policy decisions by and in the member states, along with current trends in EU decision-making after the EU enlargements of the 2000s and the ratification of the Lisbon Treaty.


2001 ◽  
Vol 4 (2a) ◽  
pp. 325-336 ◽  
Author(s):  
Jo Hautvast ◽  
Ibrahim Elmadfa ◽  
Mike Rayner

Summary of recommendations1.A new Nutrition Committee for the European Union1.1 A new Nutrition Committee for the European Union, should be created to give independent scientific and policy advice on nutrition, diets and physical activity to the Commission. This should be supported by a strengthened Nutritional Unit within the Commission.2.Policy development2.1 There needs to be a comprehensive and coherent nutritional policy for the EU2.2 The development of European dietary goals should continue after the completion of the Eurodiet Project.2.3 The European Commission should revise its Recommended Daily Allowances for vitamins and minerals using a systematic, evidence-based approach. Recommended Daily Allowances should be set at a level which would prevent deficiencies and lower the risk of disease.2.4 The European Commission should produce, preferably every four years, a report on the state of nutrition, diet and physical activity in the EU. This report should contain proposals for action3.Components of a nutrition policyEducation3.1 The European Commission should not be involved in the direct delivery of lifestyle advice to the public.3.2 The European Commission should continue to support networks whose members are involved in educating the public and in training professionals about nutrition, diets and physical activity.Research3.3 European Community funding of health-related research should better reflect the Community's public health priorities.3.4 The European Community should ear-mark funds for large, multi-centre studies into nutrition, diet and physical activity with a duration of up to 10 years.Consumer protectionFood labelling3.5 The European Commission should draw up proposals for the regulation of health claims.3.6 The European Community should agree rules for the use of nutrition claims along the lines agreed by the Codex Alimentarius Commission.3.7 The European Commission should review the 1990 Nutrition Labelling Directive particularly with a view to making nutrition labelling more comprehensible and it should encourage the development of other ways of providing consumers with information about the nutrient content of foods though, for example, the Internet.Food composition3.8 The European Commission should review the Novel Food Regulations, particularly with a view to ensuring that the nutritional consequences of consuming novel foods are better assessed and to making approval procedures more efficient.3.9 European Community rules on food fortification and on food supplements should be harmonised but in such a way that the interests of consumers are paramount.Agriculture policy3.10 The Common Agriculture Policy should be subject to a regular and systematic health impact assessment.3.11 Given that there are subsidies under the Common Agricultural Policy designed to increase consumption of surplus food, these should be directed towards promoting the consumption of foods for which there is strong evidence of a need for increased consumption in the EU for health reasons.Special issuesFruit and vegetable consumption3.12 The promotion of increased fruit and vegetable consumption across the EU should be a key aspect of the European Union's proposed nutrition policy.Breast feeding3.13 The European Union should review its policy on breast feeding including assessing and, if necessary, improving its legislation on breast milk substitutes and maternity leave.Physical Activity3.14 The European Union should have a policy for promoting physical activity in Europe. This should be part of, or at least closely integrated with, the European Union's proposed nutritional policy.


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