scholarly journals The EU 2018 Draft Directive on UTPs in B2b Food Supply Chains and the Polish 2016 Act on Combating the Unfair Use of Superior Bargaining Power in the Trade in Agricultural and Food Products

2018 ◽  
Vol 11 (17) ◽  
pp. 143-167
Author(s):  
Anna Piszcz

The Polish Act on Counteracting the Unfair Use of Superior Bargaining Power in the Trade in Agricultural and Food Products was adopted on 15 December 2016 and entered into force on 12 July 2017. The new legal framework resembles, in some places, the legal rules contained in the 2007 Act on Competition and Consumer Protection, elsewhere resembles the 1993 Act on Combating Unfair Competition. Therefore, the article reviews the new Polish provisions taking into account the previous system including the prohibition of the abuse of a dominant position and the prohibition of unfair competition. This publication is intended to point out the peculiarities that characterize the new provisions. Readers will find here an assessment of recent Polish developments and suggestions for further development of the Polish legal framework in the EU context. In particular, the review critically analyses some solutions of the 2018 EU draft Directive on unfair trading practices in business-to-business relationships in the food supply chain and shows what amendments to the Polish legal framework will be needed, if the Directive is adopted in the current version

Author(s):  
Valentyna Bohatyrets ◽  
Liubov Melnychuk ◽  
Yaroslav Zoriy

This paper seeks to investigate sustainable cross-border cooperation (CBC) as a distinctive model of interstate collaboration, embedded in the neighboring borderland regions of two or more countries. The focus of the research revolves around the establishment and further development of geostrategic, economic, cultural and scientific capacity of the Ukrainian-Romanian partnership as a fundamental construct in ensuring and strengthening the stability, security and cooperation in Europe. This research highlights Ukraine’s aspirations to establish, develop and diversify bilateral good-neighborly relations with Romania both regionally and internationally. The main objective is to elucidate Ukraine-Romania cross-border cooperation initiatives, inasmuch Ukraine-Romania CBC has been stirring up considerable interest in terms of its inexhaustible historical, cultural and spiritual ties. Furthermore, the similarity of the neighboring states’ strategic orientations grounds the basis for development and enhancement of Ukraine-Romania cooperation. The authors used desk research and quantitative research to conclude that Ukraine-Romania CBC has the impact not only on the EU and on Ukraine multi-vector foreign policy, but it also has the longer-term global consequences. In the light of the current reality, the idea of introducing and reinforcing the importance of Cross-Border Cooperation (CBC) sounds quite topical and relevant. This research considers a number of explanations for Ukraine-Romania Cross-Border Cooperation as a key element of the EU policy towards its neighbors. Besides, the subject of the research is considered from different perspectives in order to show the diversity and complexity of the Ukraine-Romania relations in view of the fact that sharing common borders we are presumed to find common solutions. As the research has demonstrated, the Ukraine-Romania cross border cooperation is a pivotal factor of boosting geostrategic, economic, political and cultural development for each participant country, largely depending on the neighboring countries’ cohesion and convergence. Significantly, there is an even stronger emphasis on the fact that while sharing the same borders, the countries share common interests and aspirations for economic thriving, cultural exchange, diplomatic ties and security, guaranteed by a legal framework. The findings of this study have a number of important implications for further development and enhancement of Ukraine-Romania cooperation. Accordingly, the research shows how imperative are the benefits of Romania as a strategic partner for outlining top priorities of Ukraine’s foreign policy.


Author(s):  
Matteo Gargantini ◽  
Carmine Di Noia ◽  
Georgios Dimitropoulos

This chapter analyzes the current regulatory framework for cross-border distribution of investment funds and submits some proposals to improve it. The chapter is organized as follows. Section 2 provides a schematic description of the legal taxonomy for collective investment schemes. Section 3 addresses the EU disclosure regimes that apply to the distribution of various types of investment funds. Sections 4 and 5 consider conduct-of-business rules and, respectively, the legal framework for the allocation of supervisory powers on product regulation when fund units are distributed in more than one country. Section 6 provides some data that help assess the performance of the current framework for cross-border distribution. It then analyzes some of the residual legal rules and supervisory practices that still make cross-border distributions of funds more burdensome than purely national distributions, whether these restrictions are set forth in the country where investors are domiciled (Section 7) or in the fund's home country (Section 8).


2020 ◽  
Vol 122 (9) ◽  
pp. 2965-2979 ◽  
Author(s):  
Ágnes Szegedyné Fricz ◽  
András Ittzés ◽  
László Ózsvári ◽  
Dávid Szakos ◽  
Gyula Kasza

PurposeThe purpose of this paper is to examine the role of local origin of food in the Hungarian population's decisions regarding food purchase and to identify under which conditions consumers consider food to be a local product.Design/methodology/approachThe study was based on a representative quantitative consumer survey (n = 1,000). Cluster analysis was used to define different consumer groups.FindingsIn general, consumers perceive that local products have positive characteristics that distinguish them from not locally sourced foodstuffs. The results prove that the accessibility of local food products differs to a great extent in towns and regions. In towns with local markets, the ratio of recognition and acceptance of local products is higher. Based on the attitudes and behaviour of respondents towards local products, five clusters were separated and described.Research limitations/implicationsAlthough the sample's representativeness of three demographic factors was ensured, some general limitations resulted from the sampling methodology.Practical implicationsBased on the study findings, the authors encourage farmers' market operators to actively study the purchasing habits, attitudes and expectations of the consumer groups described in the study and to exchange information to promote the development of an economically successful local food supply system.Originality/valueThis empirical representative study is suitable to describe the knowledge, attitudes and behaviour of Hungarian consumers related to local food products. Consumer perception about local food varies internationally; therefore, national level studies are important to understand the viability of short food supply chains.


2020 ◽  
pp. 108-119
Author(s):  
Tadas Lukošius

The historical approach enables us to perceive the specific legal phenomenon as continuous and to study the antecedents of current (or even future) legal challenges. This article discusses the possibilities of invoking the historical notion of ius commune (and various new concepts based on it) in a contemporary legal discourse on the future of the European Union (EU) law. Since issues of integrity and homogeneity remain central to the consideration of further legal developments of the EU legal framework it is especially relevant to look back at one of the most prominent phenomena in the Western legal tradition – ius commune, which to some extent united legal thought throughout pre-modern Europe. By analysing inherent characteristics related to its sources, methods and interaction with other (local) legal systems, we attempt to define the limits of such historical analogy. This may allow answering the questions as to whether and to what extent the model of medieval-originated ius commune could inspire further development of the EU legal framework (as a new ius commune).


2021 ◽  
Vol 12 (1) ◽  
pp. 179-196
Author(s):  
Blaženka Knežević ◽  
Petra Škrobot ◽  
Berislav Žmuk

Abstract Background: Social supermarkets were developed in Europe after the economic crisis 2008-2014. Their purpose is to decrease food waste that occurs in traditional food supply chains and to ensure access to food to socially endangered citizens. Objectives: This paper analyses the general perception of consumers regarding the mission and purpose of social supermarkets in four Central Eastern European (CEE) countries: Croatia, Poland, Lithuania, and Serbia. Methods/Approach: The paper brings the results of the survey research conducted in the observed CEE countries measuring attitudes towards the relevance and the role of social supermarkets. Results: There is a positive attitude regarding the existence of social supermarkets in all the analysed CEE countries. Less than 10% of respondents claim that there is no need for such organizations. In Croatia, Lithuania, and Poland examinees claim that reduction of food waste rather than reduction of poverty should be emphasized as a mission of social supermarkets. Conclusions: Social supermarkets require improvement of a legal framework, welfare system integration, and implementation of state monitoring. Moreover, larger involvement of religious communities, national and local governments, as supporting institutions is observed as a necessity in all the countries.


2020 ◽  
Vol 5 (1) ◽  
pp. 62-72
Author(s):  
Magdalena Knapp

The article focuses on the scope of the Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. It discusses recent developments in regulatory approach to unfair trading practices. It analyses steps taken towards uniformity in this area of law within the EU and contemplates whether there is a need for further harmonisation. The article attempts to evaluate the scope of the UTP Directive, focusing mainly on a material scope inherently linked to the notion of “agricultural and food products” and characteristics of unfair trading practices. It also discusses whether Member States should consider widening the national regulations beyond food supply chain so that their scope would cover vertical relationships in every sector of the economy.


2017 ◽  
Vol 109 (2) ◽  
pp. 325
Author(s):  
Jože Podgoršek

<p style="margin: 0cm 0cm 0pt; text-align: justify; line-height: normal;"><span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">The food supply chain in Slovenia is highly developed, but it involves unequally developed stakeholders with different bargaining power. Upon reviewing all stakeholders through participatory research, it is made clear that in the whole food supply chain, retail chains generally have the greatest and primary producers the smallest bargaining power. For this reason, in the process of regulating mutual relations in contractual commitments and mutual operations, unfair practices and illicit conduct often emerge, through which the parties with significant market power impose additional discounts, rebates and other contributions on the parties with smaller market power in order to improve their own financial management. Unfair practices and illicit conduct lead to the weakening of the entire food supply chain, so it is important to recognise such tendencies in the food chain. In this article, the autor would like to draw attention to the illicit conduct and unfair practices in Slovenia which are used by retail chains in their interpersonal relationships and their dealings with suppliers.</span></p>


2020 ◽  
Vol 15 (7) ◽  
pp. 153-168
Author(s):  
V. Yu. Slepak ◽  
N. A. Pozhilova

Financing innovations in Europe involves the creation of various incentives to attract potential customers and suppliers due to the specifics of the procurement field and the presence of certain risks for both parties. As a rule, procurement in this area is associated with the risk of not receiving the result due to objective reasons that the parties could not identify at the stage of drawing up the documentation. The European legislation provides for a number of measures, both administrative, technical and legal, aimed at eliminating bureaucratic barriers, creating optimal conditions for the functioning of a competitive environment and further development of innovative products and technologies. This legislative and law enforcement experience of the EU and its member states can be used to improve the Russian legal framework.


2021 ◽  
Vol 5 (1) ◽  
pp. 57-66
Author(s):  
Gunta Grinberga-Zalite ◽  
Irina Pilvere ◽  
Aina Muska ◽  
Zenija Kruzmetra

To protect their population during pandemic outbreak, countries apply several preventive restrictions and even shut down their economies to slow the spread of the coronavirus. Since food supply chains in developed countries are complicated and dependent on their external suppliers, these restrictions cause not only economic but also social tension. The limited access to raw materials, packaging material and labour force result in the increasing prices of food products, which forces the population to refuse from quality food products. In the European Union food supply chains, which are negatively affected by protectionist elements and COVID-19 restrictions, the room for manoeuvre of Latvia’s small open economy is limited. The current paper analyses the impact of COVID-19 crisis on global food industry, providing a deeper insight into the case study of Latvia meat supply chains’ experience in overcoming pandemic risks. The research outcomes lead to the conclusion that although COVID-19 impact during first breakout has not caused unexpected and serious consequences for the meat sector companies, the main internal and external risks are associated with further uncertainty and instability in the EU markets. Based on extensive analysis of meat sector specifics, the authors have summarized the recommendations for meat sector companies to better prepare for further potential pandemic situations. Doi: 10.28991/esj-2021-01257 Full Text: PDF


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