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1
Bogdan, V. V., E. V. Chernykh, and R. W. Khalin. "CONSEQUENCES OF BRexIT FOR CONSUMERS AND LEGISLATION FOR THE PROTECTION OF CONSUMERS 'RIGHTS IN GREAT BRITAIN." Proceedings of the Southwest State University 22, no. 1 (February 28, 2018): 204–10. http://dx.doi.org/10.21869/2223-1560-2018-22-1-204-210.
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This article considers one of the topical issues of the development of legislation on consumer rights protection in the European Union countries in connection with Great Britain’s withdrawal from EU. European legislation on the protection of consumer rights has a number of features since all participants at the very beginning of the EU’s existence pledged to share responsibility for enacting legislation that protects consumer rights. The authors dwell on the problems of consumer rights protection in the UK, the consolidation of the legislation on consumer rights protection, and the models for building relations between the UK and EU: British membership in the European Economic Area (EEA); relations only within the framework of the World Trade Organization (WTO); cooperation, built on individual terms. In the study, the authors used analytical and formal-legal methods, the method of abstraction which made it possible to formulate conclusions on the conducted research. The authors come to the conclusion that there are strong relations between the rules of the Institute for the Protection of Consumer Rights of Great Britain and the legislation of the EU, so no major changes are currently expected. The Law "On the Rights of Consumers" not only introduced colossal changes in the national English legislation, but also summarized various aspects of consumer legislation in one legislative act. Such consolidation of consumer law in the UK has proved to be one of the most complex and promising legislative acts within the EU. Currently, it is difficult to predict the consequences of the UK’s exit from the EU for consumers and business, not knowing the scenario of the development of transitional or future relations with the EU. Undoubtedly, the next two years of the transition period will be difficult, since the decisions will be made by 27 EU countries without the participation of Great Britain.
2
O. Syurikpayeva, Assel, Zhazira O. Omirali, Nurgul E. Baigelova, Sovetzhan A. Yntymakov, and Elmira B. Kurmanaliyeva. "Comparative analysis of issues of the legal mechanism of consumer protection in Kazakhstan and foreign countries based on the norms of sustainable development." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 2 (January 2022): 187–201. http://dx.doi.org/10.3280/riss2021-002014.
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Globalisation and liberalisation of trade and business around the world have made many goods and services available to consumers anywhere in the world. Econom-ic growth has been described by an increase in the purchasing power of the middle class, which is the largest consumer segment of the population. This required an emphasis on consumer protection and the promotion of responsible consumer movement around the world. The purpose of the research is to analyse the prob-lems of the legal mechanism for protecting consumer rights based on the norms of sustainable development, identify and disclose modern problems related to the le-gal status of this area. The main method of the research was comparative analysis which allowed to compare the regional mechanisms for protecting consumer rights, considering the economic and political factors inherent in each of the countries. The conducted study allowed to reveal legal approaches to the study of consumer protection, to analyse the relevant current legislative framework. It is substantiated that the issues of consumer protection are given due attention in many countries. It was concluded that during the development of the latest corrective legislative acts governing consumer protection mechanisms in the countries of the European Union, the Republic of Kazakhstan and India, the positive aspects of world experience, the content of these legal documents were considered. The content of the said legal documents was based on the UN principles of consumer protection, which indicates a significant contribution of the above countries to the perfor-mance of the obligations to guarantee the consumers their fundamental rights.
3
Zarbà, Carla, Gaetano Chinnici, and Mario D’Amico. "Novel Food: The Impact of Innovation on the Paths of the Traditional Food Chain." Sustainability 12, no. 2 (January 11, 2020): 555. http://dx.doi.org/10.3390/su12020555.
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Novel food refers to any type of food which was not used for human consumption before the 15 May 1997 in a specific place. This date refers to the introduction of European Union Regulation (EC) No 258/1997 which regulated the placing of novel foods or novel food ingredients on the market within the community for the first time. Then, the Regulation (EU) 2015/2283 changed the existing legislation for the categories of food belonging to novel food in order to guarantee a higher level of protection of human health and consumer interests. Algae, which are not commonly consumed by people but are considered among the most widespread foods of the future, are one of the principal food products of natural plant origin in the regulation of novel foods. However, even if algae were not well-known in the past, nowadays they are integrated into the different food cultures of the EU. This circumstance led to an analysis of the contribution of trade flows, of algae for human consumption inside and outside Europe, on the trade balance of the member countries of the European Union. Analysis of the Eurostat database was used to provide an overview of the international trade dynamics affecting the trade development of algae for human consumption in the European Union, with the aim of measuring the competitive dynamics within member countries.
4
Marchuk, M., and L. Gudz. "Local elections in the European Union and Ukraine: comparative characteristics." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
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Lihter, Pavel L. "Planned obsolescence: legal aspects of counteraction." Pravovedenie 62, no. 3 (2018): 518–30. http://dx.doi.org/10.21638/spbu25.2018.306.
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Modern society faces new challenges due to the development of technology, economy, level of consumption. The article deals with the legal aspects of counteraction to the strategy of unscrupulous manufacturers for deliberate programming of technical defects of the goods, leading to the need to replace it immediately at the end of the warranty period. This strategy has significant implications for public health, social and environmental security. The objectives of the work are studying the actual problems of planned obsolescence of products, the search for its essence, principles and features. The author identifies legislative and law enforcement practice formed by the European Union and different countries in this area. The analysis of law in other countries allows to state the tendency of shift of emphasis from private law methods of protection of consumer and social rights to public law methods, to wider use of a number of coercive instruments. Rethinking the balance of private, public and public interests led to the author’s proposal to develop a holistic concept of legal regulation of civil law relations. As a result of the article, the directions for improving various branches of law in order to counteract the planned obsolescence of goods are proposed.
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SZYDŁO, Wojciech Paweł. "A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law." Central and Eastern European Journal of Management and Economics 5, no. 2 (January 7, 2018): 199. http://dx.doi.org/10.29015/ceejme.627.
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Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law. Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law. Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.
7
Firdovsi Huseynov, Seymur. "DEVELOPMENT OF CONSUMER PROTECTION IN THE EUROPEAN UNION." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 276–79. http://dx.doi.org/10.36719/2663-4619/65/276-279.
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In modern times, the mass of use of non-cash payment and minimizing the shadow economy is the priority targets of the states. As a result, in recent years, states pay more attention to the protection of consumers. In turn, the European Union improves the legislation in the field of protection of consumers. It is useful to learn the dynamics of development of the European Union's legislation in this area and improving local legislation in the future. The article explores the development of the European Union's legislation and ECJ key cases in the field of protection of consumers' rights. Key words: consumer protection, European law, e-commerce, Tobacco case
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Pokrzywniak, Jakub. "Consumer protection under Polish private law." Pravovedenie 65, no. 2 (2021): 236–47. http://dx.doi.org/10.21638/spbu25.2021.207.
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This article discusses the provisions of Polish private law that grants protection to consumers. Particular attention is paid to contract law, but the impact of public law regulations for the provisions of civil law is also taken into consideration. The author presents a number of legal instruments used by Polish law in order to protect consumers in their dealings with merchants and analyzes the main features of consumer protection law in Poland. The influence of European legislation on Polish regulations is also discussed. It goes without saying that Polish consumer protection legislation has to be in line with EU directives. As is known, the protection of consumers plays an important role in EU legislation. The Polish lawmaker has the duty to implement European directives properly and timely into national law. Many Polish regulations regarding consumer protection seem to be a certain kind of translation of European directives. This is the simplest but probably the riskiest method of transposing EU law because it may lead to inconsistencies with national regulations. Although sometimes it seems to be forced by a tight timeline. At the same time, the general competence of the European Union for enacting consumer protection law as a part of civil law is lacking. This is due to the fact that the six founding Member States of the European Economic Union deemed law of contracts as part of the European Treaties to be redundant, since the legal systems of the states — founders of the Union, all based on Roman Law, should already provide a mutual understanding. It is obvious that the consumer needs protection in his/her dealings with merchants as he/she is a weaker party to the transaction. This weakness stems mainly from a lack of information and poor bargaining power. The consumer will never be a real partner in negotiations with a bank, a utility company or an airline.
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Pantazi, Tania. "Airline Bankruptcy and Consumer Protection in the European Union." Air and Space Law 35, Issue 6 (November 1, 2010): 409–21. http://dx.doi.org/10.54648/aila2010045.
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Airline bankruptcy is a common phenomenon in Europe, especially in the last decade. A sudden interruption of operations is often the result of air carrier’s financial problems or the revoking of its operating license. The liberalization of air transport industry in Europe, along with other factors, has contributed to the increase in the number of airline bankruptcies. Consumers facing airline bankruptcies, however, are not always protected, as there are cases in which passengers were stranded abroad or not compensated because of lack of assets. The existing legal framework of the European Community does not contain any specialized provision, although there is Community legislation on the monitoring of airline finances, travellers’ rights, and insolvency proceedings. This article examines the relevant legal instruments and discusses potential amendments to legislation, such as mandatory insurance or the creation of compensation funds, in order to provide consumers with effective protection against airline insolvency.
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Surkov, A. N., S. V. Melnik, and E. V. Chernykh. "THE LAW "ON CONSUMER RIGHTS" THE UK: RIGHTS, DUTIES, RESPONSIBILITY." Proceedings of the Southwest State University 22, no. 3 (June 28, 2018): 137–44. http://dx.doi.org/10.21869/2223-1560-2018-22-3-137-144.
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In this article, one of the most urgent topics of the development of legislation on consumer rights protection in the UK is being considered. UK legislation on the protection of consumer rights, especially in connection with the forthcoming withdrawal of Britain from the European Union has a number of features. The law "On the Rights of Consumers", adopted in 2015, made it possible to analyze and highlight a number of features in the field of consumer protection in the UK, namely, the allocation of absolutely new standards applicable to the new type of services-digital content. By researching this topic, the author shows the emerging contradictions between the legislation of the European Union and the United Kingdom in the field of consumer protection, where the UK, against the backdrop of Brexit, analyzing the new Directives adopted by the European Union to retain a single legal space tends to unify the norms of the law "On the Rights of Consumers".
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Jack, Brian. "Food Fraud: Protecting European Consumers Through Effective Deterrence." European Public Law 24, Issue 1 (February 1, 2018): 147–68. http://dx.doi.org/10.54648/euro2018008.
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The 2013 horsemeat scandal drew attention to the issue of food fraud in the European Union and highlighted the potential health and economic risks associated with such frauds. In the aftermath of the scandal, this article examines the effectiveness of the European Union ’ s legal framework in protecting against future frauds. It argues that this will only by achieved if this operates as a strong deterrent, which places potential fraudsters at significant risk of being apprehended. In the light of this, the article evaluates the measures in place to deter fraud in both food products manufactured within the European Union and in those imported from third countries. In doing so, it examines both the European Union ’ s legislative framework and the manner in which it has been implemented across Member States. Finally, the article concludes by examining Member State cooperation in addressing cross-border food fraud, such as the one perpetrated in the horsemeat scandal itself.
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Ozimek, Irena. "FOOD SAFETY IN THE CONTEXT OF LEGISLATION." Annals of the Polish Association of Agricultural and Agribusiness Economists XX, no. 6 (December 10, 2018): 189–96. http://dx.doi.org/10.5604/01.3001.0012.7760.
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The study aims to analyse selected legal regulations concerning the issue of food safety, regarding both health safety and protection of consumers' economic interests as well as to present institutional possibilities of consumer protection in the food market in this area. As a result of the analysis of selected legal regulations, it can be concluded that there are numerous legal acts covering the issue of food safety. Changes that occur in food law as well as creation of new organizations at the level of the European Union preventing food counterfeiting, will contribute to ensuring a higher level of consumer protection on the food market in the European Union, including Poland.
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Barta, Judit. "Fogyasztóvédelem a villamosenergia szolgáltatás területén." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 15, no. 28 (June 16, 2020): 37–85. http://dx.doi.org/10.21029/jael.2020.28.37.
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This research studies the law measures of the European Union aiming Energy Union regarding consumer protection in the view of the process of the legislation of the consumer protection, the development of the consumer rights up until the latest Directive 2019/944. Provisions of consumer protection of the Directive are reviewed. The second part of this research looks at the consumer protection on the fields of the electricity service in Hungary, considering how much it complies with the EU regulation.
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Piers, Maud. "Consumer Arbitration and European Private Law: A Seminal Consumer Arbitration Model Law for Europe." European Review of Private Law 21, Issue 1 (January 1, 2013): 247–88. http://dx.doi.org/10.54648/erpl2013008.
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Abstract: This article explores the way in which consumers could best resolve their disputes through arbitration. It focuses on arbitration and looks at how this works - or should work - within the legislative framework of the European Union. The essence of the consumer arbitration problem in Europe is that the existing arbitration laws (sensu latu) are aimed at regulating disputes between businesses. Consumer arbitration is generally not subject to a distinct set of rules. Most European Member States tend to ignore such distinctions in their legislation. Some have adopted specific rules regarding the consumer arbitration agreement. Oftentimes the same laws apply to both types of arbitration procedures. Consumer arbitration, however, serves a different purpose and has a different dynamic than business-to-business arbitration. This article departs from the basic assumption that also with regard to arbitration, rules that are tailored to the needs of Business-to- Business (828) relationships may not necessarily produce satisfactory results for the parties in a consumer arbitration. The aim of the proposed research is to draft a set of legal rules that delineates a workable and legitimate consumer arbitration in Europe that is sufficiently attuned to the standards of consumer protection required by the European Union legislation.
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Lähteenmäki-Uutela, Anu, Moona Rahikainen, María Teresa Camarena-Gómez, Jonna Piiparinen, Kristian Spilling, and Baoru Yang. "European Union legislation on macroalgae products." Aquaculture International 29, no. 2 (January 20, 2021): 487–509. http://dx.doi.org/10.1007/s10499-020-00633-x.
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AbstractMacroalgae-based products are increasing in demand also in Europe. In the European Union, each category of macroalgae-based products is regulated separately. We discuss EU legislation, including the law on medicinal products, foods including food supplements and food additives, feed and feed additives, cosmetics, packaging materials, fertilizers and biostimulants, as well as biofuels. Product safety and consumer protection are the priorities with any new products. Macroalgae products can be sold as traditional herbal medicines. The novel food regulation applies to macroalgae foods that have not previously been used as food, and organic macroalgae are a specific regulatory category. The maximum levels of heavy metals may be a barrier for macroalgae foods, feeds, and fertilizers. Getting health claims approved for foods based on macroalgae is demanding. In addition to the rules on products, the macroalgae business is strongly impacted by the elements of the general regulatory environment such as agricultural/aquacultural subsidies, maritime spatial planning and aquaculture licensing, public procurement criteria, tax schemes, and trade agreements.
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Schurr, Francesco A. "The Relevance of the European Consumer Protection Law for the Development of the European Contract Law." Victoria University of Wellington Law Review 38, no. 1 (March 1, 2007): 131. http://dx.doi.org/10.26686/vuwlr.v38i1.5660.
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This paper deals with the interaction of consumer law and contract law in the European Union. Over the last two decades the European legislature has adopted many legislative measures in the field of consumer protection that were designed to strengthen the single market and to avoid distortion of competition. Thus the European legislature tried to approximate or harmonise consumer protection standards within the European Community and consequently created a new layer of supranational contract law which now coexists with the traditional national contract law regimes. The paper assesses the various types of contract law on the international, supranational and national levels and discusses the problems arising from the fact that the contract law in the European Community is so diverse. Directive 2005/29/EC on Unfair Business-to-Consumer Commercial Practices is discussed as a very prominent recent product of European Community consumer legislation. The paper points out how the development of European consumer law serves as a catalyst for the further development of a genuine European contract law.
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Parapatits, Felicitas. "Albania: Reform of Consumer Protection Law." European Review of Private Law 18, Issue 1 (February 1, 2010): 165–75. http://dx.doi.org/10.54648/erpl2010009.
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Abstract: The Republic of Albania ranks as a potential candidate country of the European Union. In order to become a candidate country, Albania agreed to ensure that its existing laws and future legislation shall be gradually made compatible with the acquis communautaire. In 2008, the Albanian legislator made an attempt to fulfil this obligation in the field of consumer law replacing the old Consumer Protection Act (CPA) 2003 by the new CPA 2008, which aims at a full implementation of the European directives on consumer protection law. The CPA 2008 constitutes a great improvement to the legal situation in Albania and marks an important step towards European Union accession. Nevertheless, the CPA 2008 did not implement all the directives to a full extent. Moreover, the relationship between the specific provisions on consumer protection in the CPA 2008 and the more general provisions on contract law in the Albanian Civil Code is not clear. This article first provides an outline of the past developments and recent regulations on consumer protection law in Albania and then illustrates the need of further harmonization between the CPA and the Albanian Civil Code. Résumé: L’Albanie est un potentiel pays candidat à l’Union européenne. Afin de devenir un pays candidat, l’Albanie a accepté de rendre sa législation, présente et future, compatible avec l’acquis communautaire. En 2008, le législateur albanais tenta de remplir cette obligation en matière de protection des consommateurs, en remplaçant l’ancienne loi sur la protection des consommateurs (datant de 2003) par une nouvelle législation visant à transposer complètement les directives européennes sur la protection des consommateurs. La loi sur la protection des consommateurs de 2008 est un pas important en direction d’une adhésion à l’Union européenne. Néanmoins, elle n’a pas transposé l’ensemble des directives dans toute leur étendue. Cet article donne dans un premier temps un aperçu des développements passés et des réglementations récentes en matière de protection des consommateurs en Albanie. Il démontre ensuite le besoin d’une plus grande harmonisation entre la loi sur la protection des consommateurs de 2008 et le Code civil albanais.
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Nekoteneva, M. V. "E-COMMERCE AND SOME OF THE FEATURES OF CONSUMER PROTECTION RIGHTS UNDER EU LAW." Lex Russica, no. 11 (November 22, 2019): 140–45. http://dx.doi.org/10.17803/1729-5920.2019.156.11.140-145.
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The paper deals with the problems of consumer protection rights in the distance selling and service provision, e-Commerce under the law of the European Union (the main and additional requirements for the information provided at various stages of the agreement; the consequences of non-fulfillment of the information obligations by the counterparties of the consumer provided by the EU law). The provisions of the acts of primary and secondary law of the European Union affecting the regulation of consumer protection rights in the distance selling and provision of services, e-Commerce are analyzed. The responsibility of service providers acting as intermediaries in the implementation of e-Commerce is considered. The classification of prohibited types of unfair influence on the economic behavior of the consumer is provided, i.e. improper influence, unfair commercial activity (and its types), etc. The prospects of studying and adapting the experience of the European Union in the field of regulation of consumer protection in the distance selling and provision of services, e-Commerce for the Russian Federation are noted. Some features of regulation of sale of goods (services) through the Internet are highlighted, and general recommendations on improvement of the current legislation are given.
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Demchenko, Danylo. "Approximation of customers’ rights institution concerning retail purchase-sale to the European Union provisions." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 452–57. http://dx.doi.org/10.36695/2219-5521.4.2020.82.
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In the article the meaning of the customer rights protection is researched regarding the minor purchase and sale, as a fundamentalfor the capitalist economy. Separately, it is noted that the adoption of the law “on consumer rights protection” was one of the first when Ukraine received the status of an independent state and fixed the basic principle of consumer rights protection in Part 2 of Article 50of the Constitution of Ukraine. The importance of the association agreement between Ukraine and the European Union for updating theappropriate level of attention to consumer protection is considered. The Annex XXXIX to the 20 agreement regarding association isdefined, being fundamental for the purposes of the research, in which 15 provisions that concern the subject of the research are outlined.The special attention is devoted to the results that were already accomplished, even without the use of systematic approach by the legalauthorities. Three main spheres are found out, which will undergo swift development, as a consequence of continuation of work onapproximation of Ukrainian legislation to the European sample. Each of the streams is processed specifically and in detail. The optionsof future implementation are provided in the process of analysis. For a more complete understanding, separate statistical analysis wasmade. Special attention is paid to problematic issues that do not allow the executive authorities to approach the legislation with thehigher intensity and more effectively. The author’s vision of the Conception of the governmental policy in the sphere of customer’srights protection for the 2020 period is laid out. The critical remarks are being made regarding the inactivity of the executive authoritiesin attraction of European Committee for the official evaluation of the appropriateness of the Ukrainian legislation to the provisions ofthe European Union. Based on the analysis, the methodological concepts of transformation of the institution of the consumer rights protectionin the Ukrainian legislation are worked out.
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Rouissi, Noura, and Vincent Correia. "Global, Regional and National Air Passenger." Air and Space Law 40, Issue 2 (April 1, 2015): 123–46. http://dx.doi.org/10.54648/aila2015011.
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This article examines the proliferation of specific consumer legislation in air travel and its consequences; in particular regarding assistance and compensation in cases of denied boarding, flight delay and cancellation. Drawing on international, European Union (Regulation (EC) No 261/2004), and national law sources, this article presents some specific aspects of airline consumer protection regimes across the world. Developments in this area have given rise to issues and challenges, including the overlapping of legal and geographical scopes of different passenger protection instruments. In view of these developments, the International Civil Aviation Organization (ICAO) is getting more involved, and has been mandated to establish a set of high level, non-binding, non-prescriptive core principles on consumer protection in aviation.
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Padalka, Andrii M., Alexandru Gribincea, Iryna M. Lesik, Olha V. Semenda, and Olha O. Barabash. "Consumer protection when purchasing goods on the Internet." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (June 25, 2021): 189–97. http://dx.doi.org/10.37635/jnalsu.28(2).2021.189-197.
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Considering the global spread of the use of modern technologies, the Internet is increasingly gaining popularity as a platform for trading. That is why the need to protect consumer rights when buying goods via the Internet keeps growing. In particular, the author considers the problem of implementing consumer rights when purchasing goods in online stores in Ukraine and Moldova. The study showed that Ukraine and Moldova are gaining huge rates of development in the internet trade sector, which is further intensified in the context of the global COVID-19 pandemic and the introduction of lockdown. In this regard, the issue of compliance with consumer rights on the Internet is extremely relevant today. When studying the issue of consumer protection upon purchasing goods on the Internet, the author used a formal and logical method to determine the content of the main concepts, systematise the material, and obtain generalising conclusions within the framework of the subject matter. The comparative legal method helped identify trends and compare the legislation of Ukraine and the legislation of the Republic of Moldova in the context of consumer protection when purchasing goods on the Internet. According to the findings of the study, the legislative framework in the area of protecting the rights of consumers who purchase goods via the internet should be one of the priority areas of the world’s states. With regard to the legislation of Ukraine and Moldova in this area, it should be noted that given that Ukraine and Moldova have European integration aspirations, which in particular is reflected in the ratification of the Association Agreement between Ukraine and the EU (European Union) of 2014, as well as the Association Agreement between Moldova and the EU of 2014, and the commitments made by these states to bring the legislation into line with the EU acquis, it is important to harmonise national legislation with EU standards in this area. In addition, the adoption of the concept of protecting the rights of consumers who purchase via the Internet is also important for Ukraine
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Heutger, Viola. "Konturen des Kaufrechtskonzeptes der Study Group on a European Civil Code – Ein Werkstattbericht." European Review of Private Law 11, Issue 2 (April 1, 2003): 155–73. http://dx.doi.org/10.54648/erpl2003012.
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Abstract: Within the framework of the Study Group on a European Civil Code, a Dutch team based in Utrecht is preparing a draft on a European Sales Law. These efforts, being of importance for arriving at a possible future European Sales Law, are based on the acquis communautaire, the Principles of European Contract Law (PECL), the Vienna Sales Convention (CISG), and national legislation. The Utrecht draft covers all kinds of cross-border sales transactions in goods within the European Union. The final result will be published as Principles of European Sales Law. In order to abide by the standards of consumer protection set by various Directives, the provisions dealing with consumer sales are mandatory.
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Prystai, R., and І. Yavorska. "Consumer rights protection in digital contracts within the framework of the European Union." Uzhhorod National University Herald. Series: Law 2, no. 74 (February 10, 2023): 255–61. http://dx.doi.org/10.24144/2307-3322.2022.74.77.
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Having analyzed the mechanisms of consumer rights protection in the field of concluding electronic contracts, it is noted that there is no separate definition of the concept of this type of contract in EU law, instead the concept of a distance contract is used. EU law regarding the conclusion of contracts in electronic form allows the use of various forms of negotiations between the parties, which is the main feature of this type of contract. From this, we came to the conclusion that in the process of protecting the rights of consumers in the field of electronic commerce, it is appropriate to use the general concept of a distance contract and apply to it the norms arising from the legislation on the protection of consumer rights.
It is indicated that at the EU level, the system of consumer protection in electronic contracts is horizontal in nature. Thus, the main Directives are Directive 2019/770 «On certain aspects of contracts for the supply of digital content and digital services» and Directive 2019/771 «On certain aspects of contracts for the sale of goods». Together with them, Directive 2011/83 «On Consumer Rights» (CRD) and the new EU Directive «On Better Implementation and Modernization of EU Consumer Rights Protection» (2019/2161/EU) apply when concluding contracts. General EU rules on consumer protection when using electronic payment methods were also established. In January 2018, the existing legal regulation was replaced by Directive No. 2015/2366 «On Payment Services in the Internal Market» (or PSD 2). PSD 2 introduced additional protections for online and mobile payments and strengthened security requirements, which in turn, along with other measures, provided additional guarantees for consumers’ rights to conclude and execute electronic contracts.
It was noted that the judicial practice of the EU Court in the field of consumer rights protection also allows us to assert a constant increase in attention to ensuring more effective protection of the rights of consumers who are parties to electronic contracts. Among the essential mechanisms for guaranteeing the protection of consumer rights, the durable medium principle, which is widely used in judicial practice, means the possibility of using an electronic means of communication that is considered acceptable for providing information. as it allows the client to store information addressed personally to this client in a way accessible to him and for a period of time sufficient for the purposes of the information and which allows the unchanged reproduction of the stored information.
The EU Directive «On Better Enforcement and Modernization of EU Consumer Protection» (2019/2161), part of the «New Deal for Consumers» package, improves the rules for digital developments, such as the transparency of online markets, aimed at guaranteeing equal rights of consumers to «free» digital services, ensuring transparency of consumer feedback, ensuring the possibility of submitting claims for price reductions.
Thus, regulatory regulation and judicial practice in the field of EU consumer rights protection should be taken into account during normative design activities in Ukraine, during bringing legislation into line with EU law, as one of the priority areas of harmonization, and reflecting and taking into account changes in the methods of concluding agreements to guarantee sufficient mechanisms for the protection of consumer rights during the conclusion of electronic contracts.
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Barskyy, V. R., and D. Yu Dvornichenko. "HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS: BACKGROUND, SITUATION AND PROSPECTS." Constitutional State, no. 42 (July 7, 2021): 115–24. http://dx.doi.org/10.18524/2411-2054.2021.42.232407.
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The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.
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Ten Wolde, Mathijs H. "Balancing Consumer Rights and Business Interests in Online Cross-Border Consumer Contracts." Journal of Central Banking Law and Institutions 1, no. 1 (January 14, 2022): 1–22. http://dx.doi.org/10.21098/jcli.v1i1.11.
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Protection of consumers as weaker parties is an important goal in Indonesian society and in Indonesian law. The same applies to the EU Member States. When it comes to crossborder consumer contracts, special rules are needed to ensure this goal can still be achieved. In this regard the European Union developed rules on jurisdiction and applicable law which apply both to situations exclusively connected with EU Member States and to international situations connected with third countries. The Brussels I Regulation pursues an objective of legal certainty which consists in strengthening the legal protection of persons established inthe European Union, by enabling the applicant to easily identify the court in which he may sue and the defendant reasonably to foresee before which court, he may be sued. The Rome I Regulation does the same for the law regulating the protection of the consumer. This way both the aims of protection of the weaker consumer and legal certainty on the side of the commercial party go hand in hand. Where legal certainty is an important precondition for international trade and thus for a nation’s economy, clear rules are needed. By presenting the EU rules in the dynamics of the caselaw of the European Court of Justice, this article aimsto contribute to the discussion on how future cross-border consumer protecting regulations could be shaped in Indonesia and ASEAN.
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Mupangavanhu, Yeukai. "Towards an Extensive Statutory Protection of Consumers in Timeshare Agreements: A Comparative Perspective." African Journal of International and Comparative Law 29, no. 1 (February 2021): 117–37. http://dx.doi.org/10.3366/ajicl.2021.0353.
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Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation that govern timeshare-related contracts. In South Africa, timeshare agreements fall under the Consumer Protection Act 68 of 2008, the Property Time-sharing Control Act 75 of 1993 as well as under common law. In Kenya, the Consumer Protection Act 46 of 2012, which was revised in 2016, governs specific consumer agreements including timeshare contracts. The article compares the position of consumers who enter into timeshare-related services in South Africa, Kenya and the EU. It is argued that the problems faced by consumers who enter into timeshare-related contracts in South Africa and Kenya necessitate legislative protection which should consist of a consolidated statute that specifically regulates such contracts for the attainment of a high level consumer protection.
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Huang, Xiaoqing. "Ensuring Taxpayer Rights in the Era of Automatic Exchange of Information: EU Data Protection Rules and Cases." Intertax 46, Issue 3 (March 1, 2018): 225–39. http://dx.doi.org/10.54648/taxi2018024.
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With the automatic exchange of information on tax matters (AEOI) developing into the new international standard, large quantities of information have been or will be subject to cross-border transfer. As a result, data play a significant role in the mechanism. Although the European Union is equipped with various legal sources in data protection, guarantees provided to taxpayers in AEOI legal instruments need to be further developed in order to be consistent with those provided by data protection rules in the European Union. This article analyses taxpayers’ right to data protection by studying the interrelationships between rules in EU Directives regarding administrative administration and those regarding data protection. Moreover, relevant Court of Justice of the European Union (CJEU) case law will be discussed in light of the afore-mentioned rules, highlighting the insufficiencies of prevailing AEOI legislation in ensuring proportionality and taxpayer protection in third countries. Finally, the newly adopted General Data Protection Regulation will be assessed.
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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Kishore, Pallavi. "The Role of Consumer Protection in the Relations Between Asia and the European Union." Global Trade and Customs Journal 14, Issue 11/12 (December 1, 2019): 537–52. http://dx.doi.org/10.54648/gtcj2019066.
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This article examines the functioning of the European Union’s (EU’s) consumer protection law in an incident in which the EU banned Asian shrimps in order to protect its consumers and aims to answer the following questions: 1. Are the EU’s actions in compliance with its own law and the law of the World Trade Organization (WTO)? 2. What is the impact of these actions on international trade and on the EU’s trading partners especially if they are developing countries? The most important consequence of this incident is its restrictive impact on international trade and/or the use of consumer protection as a tool for protectionism. In this particular incident, it does appear that the EU’s actions could have been held to have violated WTO law had the Asian developing countries brought a case against the EU. The article will conclude by examining the impact of the EU’s actions on its relations with Asia.
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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova, and Yuri Bokov. "Liability for Violation of Environmental Legislation in the EU." European Energy and Environmental Law Review 30, Issue 1 (March 1, 2021): 9–19. http://dx.doi.org/10.54648/eelr2021002.
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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
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Shatalova, L. M. "Current state of harmonization of domestic legislation in the field of protection of consumer rights with the legislation of the European Union." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 59–63. http://dx.doi.org/10.24144/2788-6018.2021.03.10.
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The current state of harmonization of Ukrainian legislation, which protects the rights and legitimate interests of consumers in distance trade is analyzed. The current state of electronic communication (interaction) between public authorities, businesses and consumers.
Approaches to the formation of EU secondary legislation in the field of consumer policy are revealed. The first approach, based on the principle of full harmonization, increases the level of consumption, provides a high degree of consumers protection. Another one provides Member States with the right to go beyond consumer protection, and to maintain more strict national rules, which must comply with primary EU law.
The expediency of creating an "E-buyer" platform for sellers who carry out business activities in online stores is argued.
It is noted that the procedure of e-seller identification will simplify the identification of the seller at the stage of online shopping, should be free and carried out by the consumer himself online.
The innovations of draft laws on consumer protection in the remote conclusion of contracts are described.
Amendments to the legislation on establishing the right to apply to the competent authority on restrictions, restoring access to the website of the provider (owner or owner) of electronic communications services, where the information is posted, are proposed.
The necessity to provide a warning mechanism in case of restriction of access to e-sellers' websites and to set a deadline for providing sellers with additional time (within two days) to correct their data is considered.
It is suggested that requests to block websites should be sent to the provider (owner or owner) of electronic communications services.
It is noted that the procedure for restricting and restoring access to information resources should be provided only by law.
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Hesselink, Martijn W. "European Contract Law: A Matter of Consumer Protection, Citizenship, or Justice?" European Review of Private Law 15, Issue 3 (June 1, 2007): 323–48. http://dx.doi.org/10.54648/erpl2007021.
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Abstract: In its ‘First Annual Progress Report on European Contract Law and the Acquis Review’, the European Commission recently announced that, within the Common Frame of Reference process, it will prioritize the revision of the consumer acquis. This ‘reprioritization’ has a number of practical consequences. However, the more fundamental question is what the effect of a renewed focus on consumer protection will be on the character of European contract law, and on the way in which the Union addresses and views the people living in Europe. This question will become all the more important if the Commission is going to attempt, as it seems to envisage, some comprehensive and exclusive European legislation with regard to contracts with consumers (all or certain important ones, notably sales). Obvious alternatives to the consumer protection approach to the Europeanization of contract law include the perspectives of European citizenship and of justice. Does it matter whether European contract law is developed as a matter of consumer protection, citizenship or justice? Or, to put it differently, does it make a difference for a contracting party whether she is treated as a consumer, a citizen or a person? This paper argues that it does. It presents the European policies with regard to consumer protection, European citizenship and the Area of justice, and discusses the kind of contract law that each of these approaches leads to and the kind of society they contribute towards. Both the citizenship and, in particular, the consumer protection approach are rejected as an exclusive approach to contract law because they are reductive. They fail to take into account important aspects of human life which would be included in an approach to contract law from the perspective of justice. The conclusion is that European contract law should become a matter of justice. As a consequence, the European Union will need to provide a legal basis for treating contract law as a matter of civil justice. Moreover, the Union will have to articulate a common European conception of justice in contract law. Résumé: Dans son premier rapport annuel sur l’état d’avancement du droit européen des contrats et de la révision de l’acquis, la Commission européenne a annoncé qu’elle donnerait, dans le processus d’un cadre commun de références, la priorité à la révision de l’acquis en matière de protection des consommateurs. Cette priorité renouvelée a un certain nombre de conséquences pratiques. La question fondamentale est cependant celle de l’effet d’une nouvelle accentuation sur la protection des consommateurs, sur les caractéristiques du droit européen des contracts et sur la manière dont l’Union perçoit les personnes vivant en Europe et s’adresse à eux. Cette question deviendra de plus en plus importante si la Commission s’apprête à mettre en oeuvre, comme cela semble envisageable, une législation européenne complète et exclusive relative aux contrats de consommateurs (ou certains contrats importants, comme par exemple les contrats de vente). Des alternatives évidentes à la protection des consommateurs comme manière d’aborder la question de l’européanisation du droit des contrat incorporent des perspectives de citoyenneté européenne et de justice. Est-ce important que le droit européen des contrats soit developpé comme une question de protection des consommateurs, ou co
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Kobzeva, T. A., and A. O. Ivanov. "European standards of food safety and consumer protection." Legal horizons, no. 20 (2020): 128–34. http://dx.doi.org/10.21272/legalhorizons.2020.i20.p128.
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In this work, the authors explored the concepts of «consumption» and «consumer» in the context of food safety and consumer protection. It also set out the main objectives of European consumer policy and the ways in which they can be implemented. Based on an analysis of European legislation aimed at ensuring the health, economic and legal interests of consumers, it was determined how the European Union provides a general level of legal protection in the field of consumer policy. The authors found that each member state of the European Union has an obligation to implement generally accepted norms and standards in national law, in order to ensure a high level of protection of the rights of its citizens in the consumer sphere. In addition, the article provides an explanation of the terms «food safety» and «safe food», as well as identifies the main factors for maintaining food safety for the human body. The authors analyzed the concepts, purpose and role of European standardization in the context of consolidation of the united European market; the concepts of «standard» and «European standard» are explored, as well as the main ways of their creation and use. This article also outlines the legal status of the European Committee for Standardization, its key areas of activity and its impact on the European market. In addition, the process of creating a series of international ISO standards was investigated and its purpose established. Much attention was paid to the EU-wide HACCP system, its features and benefits. The GFSI International Standards and Certification System and its individual representatives were characterized, including the Food Safety System Certification 22000 (FSSC 22000), the British Retail Consortium Global Standard for Food Safety (BRCGS) and the International Food Standard (IFS). Requirements for implementation of these standards, their purpose, features and advantages were also identified. The authors found that in order to ensure a high level of consumer protection, it is advisable to simultaneously implement several European standards, along with the HACCP system, the most appropriate of which were proposed in the article presented.
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Kobzeva, T. A., and A. O. Ivanov. "EUROPEAN STANDARDS OF FOOD SAFETY AND CONSUMER PROTECTION." Legal horizons 33, no. 20 (2020): 128–34. http://dx.doi.org/10.21272/legalhorizons.2029.i20.p128.
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In this work, the authors explored the concepts of «consumption» and «consumer» in the context of food safety and consumer protection. It also set out the main objectives of European consumer policy and the ways in which they can be implemented. Based on an analysis of European legislation aimed at ensuring the health, economic and legal interests of consumers, it was determined how the European Union provides a general level of legal protection in the field of consumer policy. The authors found that each member state of the European Union has an obligation to implement generally accepted norms and standards in national law, in order to ensure a high level of protection of the rights of its citizens in the consumer sphere. In addition, the article provides an explanation of the terms «food safety» and «safe food», as well as identifies the main factors for maintaining food safety for the human body. The authors analyzed the concepts, purpose, and role of European standardization in the context of consolidation of the united European market; the concepts of «standard» and European standard» are explored, as well as the main ways of their creation and use. This article also outlines the legal status of the European Committee for Standardization, its key areas of activity, and its impact on the European market. In addition, the process of creating a series of international ISO standards was investigated and its purpose established. Much attention was paid to the EU-wide HACCP system, its features, and benefits. The GFSI International Standards and Certification System and its individual representatives were characterized, including the Food Safety System Certification 22000 (FSSC 22000), the British Retail Consortium Global Standard for Food Safety (BRCGS), and the International Food Standard (IFS). Requirements for implementation of these standards, their purpose, features, and advantages were also identified. The authors found that in order to ensure a high level of consumer protection, it is advisable to simultaneously implement several European standards, along with the HACCP system, the most appropriate of which were proposed in the article presented. Keywords: standardization, European standards, food safety, consumer protection.
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Pankov, Yevhenii, Olha Filipshykh, and Dmytro Boichuk. "Problems of the environmental law of the European Union." Problems of Legality, no. 155 (December 20, 2021): 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.
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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.
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Grosu, Christian-Dorel. "Contractele clickwrap ⸺ terenul propice al clauzelor abuzive. O analiză de caz." Studia Universitatis Babeş-Bolyai Iurisprudentia 65, no. 3 (March 10, 2021): 182–93. http://dx.doi.org/10.24193/subbiur.65(2020).3.6.
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On the occasion of creating a new email account, of buying a good through the use of platforms such as eMag or elefant.ro a person signs contracts whose clauses are many times abusive; clauses which, if faced with, seem to render the consumer stripped of legal means of protection. The most widely encountered clauses such as the above are the choice-of-law clauses and the forum selection clauses. Rushing to the consumer’s aid is the national legislation (Law 193/2000), as well as the European one and the case law of the Court of Justice of the European Union.
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EVANS, DOUGLAS, ANDRÁS DEMETER, PETER GAJDOŠ, and ĽUBOŠ HALADA. "Adapting environmental conservation legislation for an enlarged European Union: experience from the Habitats Directive." Environmental Conservation 40, no. 2 (March 1, 2013): 97–107. http://dx.doi.org/10.1017/s0376892912000422.
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SUMMARYThe European Union's (EU's) Habitats Directive includes annexes listing the habitats and species requiring protection. As new countries join the EU these lists need to be amended to remain pertinent. In 2004 and 2007, 12 countries, mostly in central Europe, joined the EU and were asked to propose native species or habitats that required protection; this formed an initial base for negotiations with the European Commission in consultation with the existing member states and with scientific support from the European Topic Centre on Biological Diversity. The 12 countries made 831 proposals, resulting in the addition of 191 species and 33 habitats, and geographical exemptions for eight species. Although the Directive provided definitions, these needed to be supplemented with additional criteria to permit assessments of the proposals. The process involved many actors at both European and national level. This illustrates the development of biodiversity governance and provides potential lessons for future activities, including the need for scientific guidance and the importance of involving all relevant actors.
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Turkeshi, Enkelejda. "Criminalizing Waste Management Activities in Albania in the Light of the European Union Legislation." European Journal of Crime, Criminal Law and Criminal Justice 22, no. 1 (2014): 79–99. http://dx.doi.org/10.1163/15718174-22012040.
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Illegal waste management activities violate specific rules that aim at preventing or reducing the negative effects they may have on the environment and human health. For the purpose of providing a more effective protection of the environment, in many countries and since 2008 even at the European Union (EU) level, besides the relevant administrative offences, it is also provided for a specific criminal offence against environment concerning serious infringements of the waste management legislation. This paper examines the current legal framework in Albania concerning waste-related criminal offences, against the minimum standard set forth by the EU in the Directive 2008/99/EC on the protection of environment through criminal law. While the adoption of the new framework law on Integrated Waste Management in 2011 as part of Albania’s efforts in aligning its legislation to that of the EU, has been a positive step towards more stringent rules concerning waste management, thus helping in tackling the serious and constantly evolving problems that the country has been facing in this field for years, the paper suggests that certain amendments to the Criminal Code are also necessary, as the minimum standard of the EU requires that criminal law applies at least in the case of particularly serious infringements of the new waste management legislation. These amendments would increase the protection of the environment and further the alignment of the Albanian legislation with that of the EU, while the country is seeking to fulfill obligations for EU membership.
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Kuvaldin, Stanislav. "The Values of the EU and their Protection in the European Law." Contemporary Europe 100, no. 7 (December 31, 2020): 37–45. http://dx.doi.org/10.15211/soveurope720203745.
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Article 7 of the Treaty on the European Union envisages a mechanism for responding to breaching by Member States the values of democracy, equality, the rule of law and human rights proclaimed by the Union, as well as the introduction of sanctions. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its application. The article analyzes the history of this clause in European legislation and the first attempts to influence dubious decisions of the Member States. The author explores the cases of Poland and Hungary in light of discussions to initiate the Article 7 procedures against these countries. It is concluded that such an outcome is unlikely. It is highlighted that the clause was deliberately formulated so that it allows to limit the actions of European institutions, to leave decisions in the hands of national governments and to provide an opportunity to settle the disput through negotiations. The author explores the internal discussions of alternative ways to influence values-violating Member States.
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Danilovskaia, Anna. "Criminal law protection of competition in the European Union, Germany, Great Britain and France." Юридические исследования, no. 6 (June 2020): 21–35. http://dx.doi.org/10.25136/2409-7136.2020.6.33294.
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The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
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Kurtyak, B. M., M. S. Romanovych, T. O. Pundyak, L. V. Romanovych, and R. V. Voloshin. "ВЕТЕРИНАРНА МЕДИЦИНА УКРАЇНИ І ЧАС РЕФОРМ." Scientific Messenger of LNU of Veterinary Medicine and Biotechnology 18, no. 3(70) (September 8, 2016): 171–74. http://dx.doi.org/10.15421/nvlvet7040.
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The State Service of Ukraine on issues of food safety and consumer protection (Derzhprodspozhyvsluzhba) is a central executive body that implements the state policy in the field of veterinary medicine, the fields of security and individual food quality indicators, identification and registration of animals, sanitary legislation, market surveillance within the scope of their responsibilities, the state control over observance of legislation on consumer protection and advertising in this area in accordance with the law of Ukraine «on basic principles and requirements for safety and quality of food», which entered into force on 20 September 2015. This law establishes a new approach to food safety. The primary responsibility for food safety lies with the manufacturers, and government control is not directed to the finished product, and the production and trafficking.The only supervisory body in the field of food safety in Ukraine, according to the law, is the State Service for Food Safety and Consumer Protection. Service exercises its powers directly and through its territorial bodies – food safety and veterinary control products in all areas of Kiev, and cities of regional subordination, areas.As a result of the creation in Ukraine Derzhprodspozhyvsluzhby obtained a clear hierarchy of government veterinary medicine, required by the European Community, in particular, is structurally complies with the requirements of the European Union. Their main task – the diversity of the state veterinary supervision and its periodicity.
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Zenginkuzucu, Dikran M. "A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey." Age of Human Rights Journal, no. 17 (December 17, 2021): 385–410. http://dx.doi.org/10.17561/tahrj.v17.6297.
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The Syrian civil war prompted a large number of people to flee their country and seek asylum in other countries, making Turkey a leading host country with around 3.6 million of asylum seekers. Syrian asylum seekers in Turkey are under temporary protection regime. This article examines Turkish temporary protection regime in comparison with international protection standards and human rights law, especially with the UNHCR Guideline and European Union legislation on temporary protection and European Court on Human Rights judgements. In this respect, this article argues that Turkish legislation has met the fundamental requirements of international protection law and standards, however, still needs to be improved in some crucial areas. In this regard, the international protection law and the difference between the status of refugee and temporary protection is explored. Subsequently, declaration of temporary protection in case of a mass-influx, the rights and freedoms covered under temporary protection, non-refoulement principle and termination of temporary protection regime under Turkish Temporary Protection Regulation are discussed and compared with the international standards. Finally, some conclusions and recommendations for the improvement are deduced from this discussion.
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Mrvić-Petrović, Nataša. "Right to compensation of damage arising from traffic accident in the legislation of the countries in transition." Glasnik Advokatske komore Vojvodine 71, no. 12 (1999): 210–22. http://dx.doi.org/10.5937/gakv9907210m.
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By comparative analysis of the bases of liability for damages and the scope of the right to compensation for damages arising from traffic accidents existing in the legislation of the countries that are undergoing transition, the author reaches a conclusion that the process of overcoming the disadvantages of the former legislative solutions is going on slowly and that significant differences are noticed in respect of the level of protection of the injured person. In comparison to these jurisdictions, the present Yugoslav law, especially the solutions accepted in court practice, prove to be much more comprehensive. With the existing changes of the insurance law and with improved efficiency of the judicial protection, Yugoslav legislation could be more successfully adapted to the standards of the European Union.
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Bronckers, Marco, and Yves Van Gerven. "Legal Remedies Under the EC’s New Chemicals Legislation REACH: Testing a New Model of European Governance." Common Market Law Review 46, Issue 6 (December 1, 2009): 1823–71. http://dx.doi.org/10.54648/cola2009075.
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The REACH legislation constitutes a milestone for the European Union. It sets new standards for environmental law, which are becoming the benchmark for many countries and companies around the world. This new chemicals legislation also introduces institutional novelties at the European level. An independent European agency with decision-making powers has been created to administer this complex and highly technical legislation. Nevertheless, the European Commission and the Member States have maintained direct influence over the agency’s work, and participate in various roles in the implementation of REACH. These environmental and institutional innovations are not making the position of companies, who are the immediate addressees of the legislation, any easier. The present article analyses the decision-making processes under REACH, and inquires which legal remedies, if any, registering companies have in the event they encounter decisions that adversely affect them. It will be shown that companies are not always in an enviable position. They are paying a price, it seems, for the still evolving institutional architecture of the European Union. In other words, the deficiencies in legal protection we identify point to more fundamental problems surrounding the effectiveness and accountability of European agencies. Thus, this analysis can also serve as a case study to test new models of European governance. The article offer recommendations for improvement.
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Beiter, Klaus D., Terence Karran, and Kwadwo Appiagyei-Atua. "Academic Freedom and Its Protection in the Law of European States." European Journal of Comparative Law and Governance 3, no. 3 (August 28, 2016): 254–345. http://dx.doi.org/10.1163/22134514-00303001.
Full textAbstract:
Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.
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Wilson, Kerianne. "Gone With the Wind?: The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World." Air and Space Law 41, Issue 3 (May 1, 2016): 229–64. http://dx.doi.org/10.54648/aila2016019.
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Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.
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Kuźnicka-Błaszkowska, Dominika. "Protecting Children’s Personal Data under General Data Protection Regulation and California Consumer Privacy Act in Relation to Information Society Services – European Perspective." Przegląd Prawa Konstytucyjnego 70, no. 6 (2022): 487–98. http://dx.doi.org/10.15804/ppk.2022.06.36.
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The protection of children’s personal data as part of their right to privacy and information autonomy is extremely important. Year in, year out, the number of children using the Internet and services increases. This means that there need to be special tools and techniques established to protect children’s right to privacy. It is particularly important when children use services provided by companies after other, than local, jurisdiction. As they may not fully understand risk associated with exposing themselves in the Intranet, this is crucial for governmental authorities to ensure that children are protected. The aim of the article is to review current legislation protecting children’s personal data both in European Union and State of California. This particular state has been chosen for two reasons: firstly dozens of internet services providers are based in this state, secondly it would be difficult to ignore that this state was the first to introduce new data protection regulation which in many aspects brings US data protection law closer to European standards. Taking into consideration European Union regulation it is necessary to assess whether the current data protection regime in California answers adequacy requirements and whether data may be freely transferred to this territory.
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IGNATOVA, Milena. "CRIMINAL LAW POLICY OF THE EU COUNTRIES IN THE FIELD OF COMBATING ENVIRONMENTAL CRIMES." Sociopolitical sciences 10, no. 6 (December 28, 2020): 42–48. http://dx.doi.org/10.33693/2223-0092-2020-10-6-42-48.
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The purpose of this article is to identify the main trends of development of criminal legal policy of EU countries in the field of combating crimes against the environment in the context of growing global environmental crisis and the development of consumer society the example of France, Germany, Spain and Italy, the features of statutory regulation of the characteristics of environmental crimes and prescribe the penalties in the legislation of the countries under consideration. The relevance of the problem under study is due to a significant degree of public danger of environmental crimes, their high latency, and therefore the fight against encroachments on the environment is recognized as one of the priority areas of the criminal policy of the EU countries. Criminal legislation plays a crucial role in the system of legal norms for countering environmental crimes. Conclusions. Despite the legal integration of EU countries in the field of environmental protection and the adoption of the Directive of the European Parliament and of the Council of 19.11.2008, which imposes obligations on member States to introduce certain elements of criminal acts into national legislation, the constitutional and criminal law norms of individual States do not differ in a uniform approach to environmental protection. However, the legislative regulations of the European Parliament have influenced the reform of criminal legislation in a number of countries in the direction of increasing responsibility for environmental crimes and introducing special chapters in the criminal codes that combine criminal acts that infringe on natural objects. The importance of the natural environment, flora and fauna as independent objects of criminal law protection is underestimated, so the severity of criminal repression depends on such a sign as causing harm to human health and life by environmental offenses.
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Yaroshenko, Oleg, Nataliia Melnychuk, Sergiy Moroz, Olena Havrylova, and Yelyzaveta Yaryhina. "Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect." Hasanuddin Law Review 7, no. 3 (December 1, 2021): 136. http://dx.doi.org/10.20956/halrev.v7i3.3218.
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The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.
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Movchan, Roman, Andrii Vozniuk, Maria Burak, Vitalii Areshonkov, and Dmitriy Kamensky. "Criminal law counteraction to land pollution in the EU countries: searching for the optimal model." Revista Amazonia Investiga 10, no. 42 (July 30, 2021): 15–23. http://dx.doi.org/10.34069/ai/2021.42.06.2.
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The main goal of the article is to study both advantages and disadvantages of the approaches of the European Union (EU) states to criminal law prevention of land pollution. As a result of this an optimal legislative model should be developed to protect this element of the environment from criminal encroachment, which can be further used by the EU states in improving existing or creating new rules aimed at criminal law protection of land resources from pollution or the creation of new rules aimed at criminal law protection of land resources from pollution. The following research methods have been used to study criminal law provisions of the selected countries, to prove the stated hypotheses and to formulate conclusions: comparative law, system analysis, formal-logical, dialectical and modeling method. As a result of the study of various models of criminal law protection of land resources embodied in the legislation of nineteen European Union states, it has been proved that: 1) such protection should be carried out by a single universal rule on criminal liability for pollution not only of land but also of other components of the environment (water, air, forest); 2) only such land pollution shall be considered criminal, which has led to real (non-potential) damage to the environment, human health or property damage; 3) liability for land pollution should be differentiated depending on: a) weather guilty person’s act was intentional or negligent; b) what the consequences of land pollution have been.