free movement of goods
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2021 ◽  
pp. 405-422
Author(s):  
Luigi Russo

The interests that revolve around the mandatory indication of the place of origin of a food product are multiple and often conflicting with each other. Alongside the interests of some producers wishing to highlight the geographical origin of their products, there are conflicting interests of other producers who, for different reasons, prefer not to disclose the origin of their product. Then there are also interests of consumers interested at receiving an ever greater and transparency of the extensive information on the product offered. The indication of the origin of a food product can also constitute an element that has an impact on the proper functioning of the internal market to the extent that it can ultimately induce consumers to purchase national products or, at least, it may affect their purchasing choices: it is therefore necessary to assess the compatibility of the mandatory indication of the origin of the food with the principle of the free movement of goods. This competition of interests explains why the European Union’s legislation on this point is somewhat ambiguous: this paper, apart from the presentation of collective marks and certification marks which, although in a limited way, may contain references to the geographical origin of the products, points out to the provisions contained in Regulation EU 1169/2011 on the provision of food information to consumers, as well as the provisions regulating the products with PDO and PGI certificates.


2021 ◽  
pp. 300-321
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter introduces the law on the free movement of goods in the EU. It discusses the following: the customs union; the free movement of goods provisions in the TFEU; customs duties and common customs tariffs; charges having equivalent effect to a customs duty, and charges falling within the scope of internal taxation.


2021 ◽  
pp. 322-362
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

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.


Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.


2021 ◽  
pp. 251-294
Author(s):  
Nigel Foster

The free movement of goods is essential to the creating and running of the customs union and the common market, and provides the infrastructure for the rest of the Union. This chapter discusses EU law on the free movement of goods. It covers legislative provisions; progress towards the treaty goals; integration methods; the establishment of the internal market; the prohibition of discriminatory taxation; a summary on tariff barriers; quantitative restrictions and measures having equivalent effect; the ban of Art 34 TFEU and derogations of Art 36 TFEU; equally applicable measures (indistinctly applicable measures); and notable cases, including Dassonville, Cassis de Dijon, Keck, and Mithouard.


Author(s):  
Robert Schütze

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.


2021 ◽  
pp. 557-596
Author(s):  
Robert Schütze

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.


2021 ◽  
pp. 499-556
Author(s):  
Robert Schütze

This chapter analyses the constitutional regime of ‘negative integration’ in the context of the free movement of goods. The free movement of goods has traditionally been the most progressive fundamental freedom within the internal market. The negative integration regime for goods is split over two sites within Part III of the Treaty on the Functioning of the European Union (TFEU). And with regard to goods, the EU Treaties further distinguish between fiscal restrictions and regulatory restrictions. The fiscal restrictions include pecuniary charges that are imposed on imports or exports (customs duties and discriminatory taxation), while the regulatory restrictions include non-tariff measures that limit market access by ‘regulatory’ means. The chapter then looks at possible justifications for such regulatory restrictions.


Author(s):  
Jānis Kārkliņš ◽  

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.


2021 ◽  
Author(s):  
Susan Holita

This research paper provides insight into the experiences and challenges that asylum seekers go through in their quest to obtain legal status in countries in the West. Even though countries like Canada, the US, UK and Australia are signatories to the 1951 Refugee Convention, this paper attempts to show that these countries are not adhering to the principles of the Convention when it comes to the issues of those labelled as asylum seekers or refugees. My paper focuses specifically on the challenges and the experiences that those with these labels go through, from the ways employed into the attempts to negotiate borders to ways that will provide a favorable outcome from the Immigration and Refugee Board. Further, the study strives to highlight that governments of the West are violating the mobility rights of refugees and asylum seekers in favor of corporations and the free movement of goods.


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