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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

The Financial Stability Board (FSB)

23-10-2017

The briefing first describes This briefing is prepared in view of the visit of the FSB Secretary General to the Banking Union Working Group on 24 October 2017.

The briefing first describes This briefing is prepared in view of the visit of the FSB Secretary General to the Banking Union Working Group on 24 October 2017.

Preventive restructuring, second chance and efficient restructuring, insolvency and discharge procedures

24-05-2017

This Commission impact assessment is based on a wealth of information drawing from both research and consultation. Research quoted spans the last decade and encompasses international organisation, academic and think tank work. The consultation performed by the Commission has been essential to prioritising the issues to be further harmonised and in choosing the detailed sub-options. Among the strengths of the IA, there is a genuine attempt to comply as much as possible with the Commission Better Regulation ...

This Commission impact assessment is based on a wealth of information drawing from both research and consultation. Research quoted spans the last decade and encompasses international organisation, academic and think tank work. The consultation performed by the Commission has been essential to prioritising the issues to be further harmonised and in choosing the detailed sub-options. Among the strengths of the IA, there is a genuine attempt to comply as much as possible with the Commission Better Regulation Guidelines and transparency in providing information. This is particularly evident in the broad range of options presented and in the presentation of the territorial impacts of the initiative. In this regard, for instance, the IA provides a useful legal analysis of the most important issues for most Member States. Nevertheless, economic impacts appear to be analysed more in depth than social and employment outcomes. Among the additional weaknesses, the numerous objectives identified are not time-bound and may be difficult to measure. Finally, although the IA states that Member States should not incur significant monitoring costs, the requirements in the IA appear to be shorter and less detailed than the ones in the Commission proposal.

The EU as a community of law: Overview of the role of law in the Union

24-03-2017

The term 'community of law' was popularised by Walter Hallstein in the 1960s. It emphasises that the Community, and now the European Union, is founded on the 'rule of law' principle, and underscores the role of law in the European project, which has been described by political scientists precisely as 'integration through law'. Modern definitions of the 'rule of law' include such elements as the limitation of the powers of public officials by the law, the fact that laws are public, general and apply ...

The term 'community of law' was popularised by Walter Hallstein in the 1960s. It emphasises that the Community, and now the European Union, is founded on the 'rule of law' principle, and underscores the role of law in the European project, which has been described by political scientists precisely as 'integration through law'. Modern definitions of the 'rule of law' include such elements as the limitation of the powers of public officials by the law, the fact that laws are public, general and apply equally, and finally the presence of an independent, impartial and neutral judiciary. The building blocks of the EU as a community of law have been laid, from the 1950s onwards, in the case law of the Court of Justice. The ECJ's case law proclaiming numerous general principles of Community law was inspired by the common legal traditions of the Member States. Over time, many such principles became enshrined in the written sources of EU law, notably the Charter of Fundamental Rights and the Treaties. The 'life cycle' of EU law – including its creation, application, interpretation and enforcement – involves various institutional actors. Key roles in the creation of EU law are played by the Commission, Parliament and Council, while the application of EU law on a day-to-day basis is predominantly the task of national courts. Supreme authority to interpret EU law, and to review the compatibility of legislation with the treaties is vested in the ECJ. Individuals – natural and legal persons – enjoy the status of subjects of EU law, and can seek judicial enforcement of their rights based on EU law before national courts. In certain situations they can also seek legal protection directly from the EU courts – the General Court and the Court of Justice.

New framework for fisheries data collection

10-03-2017

In March, the Parliament is due to vote at first reading on a proposal to update the framework for gathering and managing fisheries data in the EU. The new rules are intended to align this framework with the requirements of the reformed common fisheries policy (CFP), and to simplify the existing system.

In March, the Parliament is due to vote at first reading on a proposal to update the framework for gathering and managing fisheries data in the EU. The new rules are intended to align this framework with the requirements of the reformed common fisheries policy (CFP), and to simplify the existing system.

European Energy Industry Investments

16-01-2017

This study was prepared at the request of the European Parliament's Committee on Industry, Research and Energy (ITRE). The paper provides an overall assessment of European investments in the electricity sector. It concludes by providing policy recommendations to facilitate the investments in the electricity sector which are needed to enable a transition to a low carbon energy supply, while realising a fully integrated and interconnected electricity system, enhancing competitiveness and ensuring security ...

This study was prepared at the request of the European Parliament's Committee on Industry, Research and Energy (ITRE). The paper provides an overall assessment of European investments in the electricity sector. It concludes by providing policy recommendations to facilitate the investments in the electricity sector which are needed to enable a transition to a low carbon energy supply, while realising a fully integrated and interconnected electricity system, enhancing competitiveness and ensuring security of electricity supply.

External author

Luc VAN NUFFEL, Koen RADEMAEKERS, Jessica YEARWOOD and Verena GRAICHEN

Legal Perspective of the Regulatory Framework and Challenges for Franchising in the EU

30-09-2016

This paper considers how the regulatory environment of the European Union impacts upon franchising. It suggests that the failure of franchising to fulfil its full potential in the EU is due, at least in part, to the dysfunctionality of the EU’s regulatory environment. It concludes that in order to enable franchising to achieve its full potential it is necessary to re-engineer the EU’s regulatory environment, by way of a franchise focused European Legal Act , in respect of how it impacts upon franchising ...

This paper considers how the regulatory environment of the European Union impacts upon franchising. It suggests that the failure of franchising to fulfil its full potential in the EU is due, at least in part, to the dysfunctionality of the EU’s regulatory environment. It concludes that in order to enable franchising to achieve its full potential it is necessary to re-engineer the EU’s regulatory environment, by way of a franchise focused European Legal Act , in respect of how it impacts upon franchising and makes concrete proposals as to how this should be done.

EU Portability Regulation: In-Depth Analysis of the Proposal

15-08-2016

Upon request by the JURI Committee, this In-depth-Analysis identifies and analyses the recent proposal of the European Commission concerning a regulation on ensuring the cross-border portability of online content, COM(2015)627.

Upon request by the JURI Committee, this In-depth-Analysis identifies and analyses the recent proposal of the European Commission concerning a regulation on ensuring the cross-border portability of online content, COM(2015)627.

External author

Tatiana Eleni SYNODINIOU (University of Cyprus, Cyprus)

Harmonising Insolvency Laws in the Euro Area: Rationale, Stock-Taking and Challenges. What role for the Eurogroup?

13-07-2016

There are four distinct areas where harmonising national insolvency frameworks can improve the functioning of the single market and the stability of the Euro area. Early restructuring of businesses, bank resolution, cross-border insolvency and NPL management rely on common features of local insolvency frameworks, which can affect their legal certainty and functioning. To promote a more entrepreneurial spirit, a pan-European framework for early restructuring of business could offer a true second chance ...

There are four distinct areas where harmonising national insolvency frameworks can improve the functioning of the single market and the stability of the Euro area. Early restructuring of businesses, bank resolution, cross-border insolvency and NPL management rely on common features of local insolvency frameworks, which can affect their legal certainty and functioning. To promote a more entrepreneurial spirit, a pan-European framework for early restructuring of business could offer a true second chance for entrepreneurs. To benefit from a capital markets union, insolvency frameworks would also need to remove sources of cost unpredictability in cross-border insolvency procedures, which are often hidden in national insolvency laws or not sufficiently dealt with in the current EU framework. This report makes a contribution to define areas for further action. Measures, moreover, to harmonise insolvency laws can produce positive impacts on the banking union, with the harmonisation of hierarchies of claims in particular for the functioning of the resolution mechanism. Finally, the diffusion of best practices on credit recovery procedures can help to improve the management of NPLs via fostering liquidity in secondary markets.

External author

Diego Valiante

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