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Mutual recognition of goods

25-04-2019

The revision of the regulation on mutual recognition of goods was announced in the 2015 Single Market Strategy. The Commission adopted its proposal in December 2017, which aimed to revise previous rules dating from 2008. This regulation aims to improve the rules governing the trade of goods in the single market. Intra-EU trade remains twice as big as extra-EU trade, and is rising constantly. This is, in large part, due to free movement of goods in the EU, which is based on either harmonised product ...

The revision of the regulation on mutual recognition of goods was announced in the 2015 Single Market Strategy. The Commission adopted its proposal in December 2017, which aimed to revise previous rules dating from 2008. This regulation aims to improve the rules governing the trade of goods in the single market. Intra-EU trade remains twice as big as extra-EU trade, and is rising constantly. This is, in large part, due to free movement of goods in the EU, which is based on either harmonised product rules at the EU level or, where there are no harmonised rules, the principle of mutual recognition under which goods lawfully marketed in one Member State may be sold in another Member State. The proposal addressed a number of shortcomings in the application of the mutual recognition principle. A provisional agreement between the co-legislators was reached on 22 November 2018. The text was adopted in plenary in February 2019. The new rules will improve collaboration among national authoritites and enhance the role of national product contact points. They will introduce a faster problem-solving procedure for disputes between companies and national authorities, as well as a new voluntary declaration to be filled in by economic operators to prove lawful marketing in an EU Member State. The new rules will apply from 19 April 2020. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Free movement of goods within the EU single market

19-01-2018

The free movement of goods is one of the four fundamental freedoms of the EU – together with services, capital and people – and a cornerstone of the single market. The rationale of an open market throughout the EU has always been to assist economic growth and competitiveness and therefore promote employment and prosperity. Legislation on the single market for goods (based mainly on Article 28 of the Treaty on the Functioning of the European Union, TFEU) aims at ensuring that products placed on the ...

The free movement of goods is one of the four fundamental freedoms of the EU – together with services, capital and people – and a cornerstone of the single market. The rationale of an open market throughout the EU has always been to assist economic growth and competitiveness and therefore promote employment and prosperity. Legislation on the single market for goods (based mainly on Article 28 of the Treaty on the Functioning of the European Union, TFEU) aims at ensuring that products placed on the EU market conform to high health, safety and environmental requirements. Once a product is sold legally in the EU, it should circulate without barriers to trade, with a minimum of administrative burden

European Protection Order Directive 2011/99/EU

28-09-2017

Directive 2011/99/EU on the European Protection Order establishes a mechanism for the mutual recognition of protection measures for victims of crime. This study examines the implementation of the Directive and analyses the practices of the Member States in this area. It identifies specific challenges and deficiencies that help to explain why this EU instrument is very rarely used. The assessment has been produced to support the implementation report being prepared on the subject by the European Parliament's ...

Directive 2011/99/EU on the European Protection Order establishes a mechanism for the mutual recognition of protection measures for victims of crime. This study examines the implementation of the Directive and analyses the practices of the Member States in this area. It identifies specific challenges and deficiencies that help to explain why this EU instrument is very rarely used. The assessment has been produced to support the implementation report being prepared on the subject by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality.

The US Supreme Court's landmark rulings of June 2015

16-07-2015

The founding fathers drafting the US Constitution designed the government so that each branch had a check on the others, in order that no single branch would have absolute power. The Supreme Court's main method of controlling the power of the legislative branch is judicial review. Under this principle, it has the power to examine laws and declare them unconstitutional. While the US Constitution holds that democracy is the appropriate process for change, the Court has now ruled, in Obergefell v. Hodges ...

The founding fathers drafting the US Constitution designed the government so that each branch had a check on the others, in order that no single branch would have absolute power. The Supreme Court's main method of controlling the power of the legislative branch is judicial review. Under this principle, it has the power to examine laws and declare them unconstitutional. While the US Constitution holds that democracy is the appropriate process for change, the Court has now ruled, in Obergefell v. Hodges, that 'individuals who are harmed need not await legislative action before asserting a fundamental right'. In the closing days of June, the Court issued three rulings which have made, and will continue to have a major impact not only on US citizens but also on the broader US political landscape.

Bosnia and Herzegovina: The 'Sejdić-Finci' case

12-06-2015

Bosnia and Herzegovina (BiH) was identified as a potential candidate for EU membership in 2003. In order to join the EU, BiH has to meet the EU's human-rights criteria, among others. To this end, the execution of the Sejdić-Finci judgment of the European Court of Human Rights is a key prerequisite as it promotes equal political rights for all BiH citizens. Its implementation would not mean automatic accession to the EU, but would be a significant step in that direction. Since the judgment's delivery ...

Bosnia and Herzegovina (BiH) was identified as a potential candidate for EU membership in 2003. In order to join the EU, BiH has to meet the EU's human-rights criteria, among others. To this end, the execution of the Sejdić-Finci judgment of the European Court of Human Rights is a key prerequisite as it promotes equal political rights for all BiH citizens. Its implementation would not mean automatic accession to the EU, but would be a significant step in that direction. Since the judgment's delivery in 2009, however, little has been done to address this complex issue.

German Constitutional Court decisions on EU anti-crisis measures

24-07-2014

In response to the financial crisis in the EU, a permanent crisis mechanism – the European Stability Mechanism (ESM) – was adopted by the euro area Member States. A number of cases, lodged with the German Federal Constitutional Court (BVerfG), aimed at blocking Germany's participation. The BVerfG has established four requirements for German participation in rescue packages and fiscal stability mechanisms: observance of the Bundestag's budgetary autonomy, prior consent of the Bundestag to participation ...

In response to the financial crisis in the EU, a permanent crisis mechanism – the European Stability Mechanism (ESM) – was adopted by the euro area Member States. A number of cases, lodged with the German Federal Constitutional Court (BVerfG), aimed at blocking Germany's participation. The BVerfG has established four requirements for German participation in rescue packages and fiscal stability mechanisms: observance of the Bundestag's budgetary autonomy, prior consent of the Bundestag to participation in rescue packages, influence of the Bundestag on spending of funds and limited participation in large rescue packages.

The German Constitutional Court's ruling on the ECB's bond buying decision

10-02-2014

On 6 September 2012, the Governing Council of the European Central Bank (ECB) confirmed its President, Mario Draghi’s announcement that the ECB would purchase government bonds on secondary markets, known as Outright Monetary Transactions (OMT). Germany’s Federal Constitutional Court (BVerfG) was called upon to consider the legality of OMT within a case on the constitutionality of German ratification of the European Stability Mechanism (ESM).

On 6 September 2012, the Governing Council of the European Central Bank (ECB) confirmed its President, Mario Draghi’s announcement that the ECB would purchase government bonds on secondary markets, known as Outright Monetary Transactions (OMT). Germany’s Federal Constitutional Court (BVerfG) was called upon to consider the legality of OMT within a case on the constitutionality of German ratification of the European Stability Mechanism (ESM).

Asylum

23-04-2012

Asylum is a form of protection given by a State on its territory to a person who is threatened by persecution for reasons such as race, religion, nationality, membership of a particular group or political opinion in his or her country of citizenship or residence. In the EU, Member States have committed to establishing a Common European Asylum System (CEAS). Under this system different legislative measures to harmonise common minimum standards have been adopted. The most important relate to the living ...

Asylum is a form of protection given by a State on its territory to a person who is threatened by persecution for reasons such as race, religion, nationality, membership of a particular group or political opinion in his or her country of citizenship or residence. In the EU, Member States have committed to establishing a Common European Asylum System (CEAS). Under this system different legislative measures to harmonise common minimum standards have been adopted. The most important relate to the living conditions of the asylum-seekers (Directive 2003/9/EC); to harmonising the definition of refugee (Directive 2004/83/EC); to reducing differences between MS in terms of national procedure (Directive 2005/85/EC) and the “Dublin” Regulation that gives criteria for deciding which state is responsible for an asylum claim. The Statistical Spotlight aims to show the number of asylum seekers - where they seek asylum and where they come from - as well as the number of first instance decisions on asylum.

The Impact of the Rulings of the European Court of Justice in the Area of direct Taxation

27-03-2008

Externí autor

Prof. Jacques MALHERBE Professor em. at the Catholic University of Louvain Avocat, Liedekerke Wolters Waelbroeck Kirkpatrick Boulevard de l’Empereur, 3 1000 Brussels, Belgium

The Relationship Between Mutual Recognition and Approximation of Laws in Judicial Co-Operation in Criminal Matters: What is the State of Play?

20-01-2006

This note addresses the balance between mutual recognition of judicial decisions and approximation of laws in EU criminal justice co-operation. A short explanation will be given of each concept, including the policy rationale and legal basis, before looking at examples of legislation adopted and in the pipeline. Some conclusions will are drawn on the current state of play.

This note addresses the balance between mutual recognition of judicial decisions and approximation of laws in EU criminal justice co-operation. A short explanation will be given of each concept, including the policy rationale and legal basis, before looking at examples of legislation adopted and in the pipeline. Some conclusions will are drawn on the current state of play.

Externí autor

Peter Cullen

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