In the Name of Legal Certainty? Comparison of Advance Ruling for Tariff Classification Systems in the European Union, China and Taiwan

2016 ◽  
Author(s):  
Shu-Chien Chen
Keyword(s):  
European Union ◽  
Classification Systems ◽  
The European Union ◽  
Legal Certainty

scholarly journals Increasing Legal Certainty without Trust: Why Regulation 2019/515 Cannot Achieve the Unachievable

2020 ◽  
pp. 1-16
Author(s):  
Benjamin JAN
Keyword(s):  
European Union ◽  
Member State ◽  
Market Access ◽  
Mutual Recognition ◽  
The European Union ◽  
Legal Certainty ◽  
The Past

More than 40 years after Cassis de Dijon, the mutual recognition in the field of goods is still a failure. The promise of this principle for ensuring both market access and regulatory diversity has not been kept. Therefore, today, businesses rarely rely on mutual recognition to sell their products in another Member State. In an attempt to stimulate this procedure further, the European Union legislator tried to simplify the procedures to be followed by businesses and public administrations through Regulation 2019/515. This article argues that, although the Regulation creates more legal certainty, it fundamentally fails to address the underlying problem of lack of trust that has stalled mutual recognition in the past.

Clear-cut Legal Basis for the RASFF: Mere Formalisation or a Concrete Move Forward?

2012 ◽  
Vol 3 (1) ◽  
pp. 72-80
Author(s):  
Aude Mahy
Keyword(s):  
European Union ◽  
Food Safety ◽  
The European Union ◽  
Legal Basis ◽  
Legal Certainty ◽  
Alert System ◽  
Clear Cut ◽  
Food Law ◽  
Food And Feed ◽  
Rapid Alert System

The Rapid Alert System for Food and Feed (the socalled ‘RASFF’) is at the heart of food risk management within the European Union. It aims at providing authorities with an effective tool for exchanging information on measures taken to ensure food safety. It was created in 2002 by the General Food Law Regulation to help Member States to coordinate their food safety actions. Nearly ten years later, the adoption of Regulation 16/2011 of 10 January 2011, laying down implementing measures for the RASFF, intends to clarify the specific conditions and procedures applicable to the transmission of notifications through this tool, thus providing more legal certainty in the system.

Extended Confiscation and the Proposed Directive on Freezing and Confiscation of Criminal Proceeds in the EU: On Striking a Balance between Efficiency, Fairness and Legal Certainty

2013 ◽  
Vol 21 (2) ◽  
pp. 127-162 ◽  
Author(s):  
Johan Boucht
Keyword(s):  
European Union ◽  
National Level ◽  
European Parliament ◽  
Theoretical Framework ◽  
Target Area ◽  
The European Union ◽  
Legal Certainty ◽  
Proceeds Of Crime ◽  
Procedural Safeguards ◽  
The Eu

This article consists of a principled analysis of extended confiscation as a legal phenomenon according to Article 4 of the Proposal for a directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union (COM (2012) 85 final). The analysis aims at creating a theoretical framework by which the legitimacy of schemes on extended confiscation can be assessed, both at EU level and at national level. This model utilises three parameters of assessment: the target area of extended confiscation, procedural safeguards and fairness (proportionality). The Commission proposal is set against these parameters and a suggestion is made for how the provision in the proposal could be revised in order to better fulfil the conditions put forward.

scholarly journals The Application of International Law in the Court of Justice of the European Union: Proportionality Rising

2021 ◽  
Vol 22 (4) ◽  
pp. 557-592
Author(s):  
Rupert Dunbar
Keyword(s):  
European Union ◽  
International Law ◽  
Case Law ◽  
The European Union ◽  
Legal Certainty ◽  
International Treaty ◽  
Customary International Law ◽  
Court Of Justice ◽  
External Relations ◽  
Frequent Absence

AbstractApplication of international treaty and customary international law at the Court of Justice of the European Union (CJEU) is increasingly recognized by scholars as problematic regarding legal certainty. This Article seeks to illustrate why this is and to propose reform. Through comparing judicial approaches in the application of international law at the CJEU to its approach in internal case law, it is argued that in the frequent absence of proportionality in external case law the Court has utilized, redeployed, or varied other judicial devices in an effort to retain the discretion which proportionality affords. These are argued to effect legal certainty and established concepts of justice within the EU legal system. Accordingly, it is submitted that proportionality should be transplanted fully and openly to external relations case law and that support for this can be extrapolated from existing literature.

scholarly journals Engaging Asian States on Combating IUU Fishing: The Curious Case of the State of Nationality in EU Regulation and Practice

2021 ◽  
pp. 1-27
Author(s):  
Arron Nicholas Honniball
Keyword(s):  
European Union ◽  
International Law ◽  
The State ◽  
The European Union ◽  
Legal Certainty ◽  
Identification Procedure ◽  
Eu Regulation ◽  
Iuu Fishing ◽  
Global Action ◽  
The Eu

Abstract Global common concerns – including combating illegal, unreported and unregulated (IUU) fishing – necessitate effective global action to avoid displacing illegal practices to under-regulated jurisdictions. The response in international law has therefore included the obligation upon all states to exercise jurisdiction, albeit with varying clarity regarding the existence and scope of duties for each jurisdictional basis. This article argues that, through its non-cooperating third country identification procedure, the European Union (EU) has sought unilaterally to crystalize and promote the implementation of an obligation upon states to exercise extraterritorial active personality-based jurisdiction over their own nationals engaged in IUU fishing. This is demonstrated through an analysis of EU practice relating to Asian states and remains true despite the EU's non-cooperating third country identification procedure only formally targeting flag, port, coastal, and market states. The EU and Asian states have improved their laws governing nationals engaged in IUU fishing, but concerns over legal certainty arise.

scholarly journals Cultures in Dialogue. Institutional and Individual Challenges for EU Institutions and EU Citizens from the Perspective of Legal Linguistics

2017 ◽  
Vol 24 (46) ◽  
pp. 25
Author(s):  
Karin Luttermann
Keyword(s):  
European Union ◽  
Language Model ◽  
Language Models ◽  
The European Union ◽  
Legal Certainty ◽  
Native Languages ◽  
The Status ◽  
Rules Of Procedure ◽  
Global Language ◽  
The Eu

In the European Union, numerous cultures have entered into dialogue. Currently, there are 23 official languages (EU languages) and therefore 506 possible language combinations for translation. This makes demands on the EU institutions and on EU citizens as well. Linguistic divergence makes legal certainty a rather shaky matter. There are also divergences from the EU linguistic regime regarding the official and the working languages. For reasons of efficiency, the institutions of the Union communicate internally in merely a small number of working languages, for the most part without any basis for this in the Rules of Procedure. The Court of Justice of the European Union traditionally uses French. All documents are translated from the language of the case into the working language. Although the decision, formulated in French, is re-translated into the language of the case, this translated version is classified as the original version and not as a translation. This is of importance for the status of authenticity because the decision only has full legal effect in the language of the case.Traditional language models favour a reduction of the EU languages. Their representatives argue either with regard to the practice of the use of three languages in the EU institutions, or they advocate English as a global language, or they call for neutral languages. In contrast, the European Reference Language Model, which is developed along the lines of legal linguistics, suggests a concept of reference and native languages. It would lead to a reduction in the translation load in Brussels and Luxembourg. But first and foremost, it would be able to improve the linguistic quality of legal documents (e.g., directives, regulations) and therefore also their application to legal practice (e.g. legal certainty, comprehensibility of legal texts). At the same time, the model respects the dignity of each EU Member State in the form of its language.

Microbiological Quality and Levels of Heavy Metals in Slipper Oyster (Crassostrea iredalei) Cultured in Major Growing Areas in Capiz Province, Western Visayas, Philippines: Compliance with International Shellfish Safety and Sanitation Standards

2021 ◽  
Author(s):  
Rolando Pakingking Jr. ◽  
Ma. Lilibeth Hualde ◽  
Ernestina Peralta ◽  
Joseph Faisan ◽  
Roselyn Usero
Keyword(s):  
United States ◽  
Heavy Metals ◽  
European Union ◽  
Microbiological Quality ◽  
Sampling Period ◽  
Lower Class ◽  
The Philippines ◽  
Classification Systems ◽  
Fecal Coliforms ◽  
The European Union

The increasing demand for slipper oyster ( Crassostrea iredalei ) has propelled farmers to expand oyster cultivation areas in the Philippines, chiefly for local consumption and feasibly for export overseas. Being filter feeders, oysters can accumulate pathogens from their surrounding waters, which can cause foodborne diseases once consumed. Monitoring oyster farming areas for microbiological quality and levels of heavy metals is therefore crucial. In the current study, the microbiological quality of oysters and culture waters of the major oyster farming areas in Cogon and Palina rivers and Cabugao bay, located in Roxas City and municipality of Ivisan, Capiz Province, Western Visayas, Philippines, respectively, were examined monthly during the wet (May to October) and dry (November to April) seasons over a period of 12 months. Regardless of the sampling period, high levels of fecal coliforms in the water and Escherichia coli in oysters were noted, clearly illustrating that these oyster growing areas would comply with the lower Class B standard and ‘Prohibited’ areas under the European Union and United States classification systems, respectively.  Moreover, while Salmonella was erratically detected in oysters, V. cholerae and V. parahaemolyticus count were not detected and within acceptable limit, respectively. The levels of heavy metals in oyster’s meat were also determined twice, i.e. during the wet (July) and dry (March) seasons. Zn and Cu were the most abundant metals detected while the levels of Pb, Cd, Hg, and Cr were below the regulatory limits set by the European Union and United States Food and Drug Administration, respectively. Taken together, these oyster culture areas studied should be urgently rehabilitated to improve oysters’ poor microbiological quality. Additionally, depuration or relaying of oysters harvested from these sites is imperative to ensure quality and safety.

Reconciling legal certainty in corporate divisions with respect for civil law remedies: Case C-394/18 I.G.I. Srl v. Maria Grazia Cicenia

2020 ◽  
Vol 27 (3) ◽  
pp. 358-378
Author(s):  
David Ramos Muñoz ◽  
Montserrat Rodríguez Riu
Keyword(s):  
European Union ◽  
Civil Law ◽  
Private Law ◽  
The European Union ◽  
Legal Certainty ◽  
Court Of Justice ◽  
Council Directive ◽  
Civil Codes ◽  
A Company

On 30 January 2020, the Court of Justice of the European Union (CJEU) delivered its judgment in the Case C 394/18 I.G.I. Srl v. Maria Grazia Cicenia et al. The case offers an interpretation of the Directive on corporate divisions in a case that fell outside its scope, and a delicate balancing act between the need to protect legal certainty in corporate divisions, and the need to respect Private Law remedies enshrined in domestic civil codes. The CJEU ruled that the rules of the Sixth Council Directive 82/891/EEC did not preclude the creditors of a company being divided from bringing an actio pauliana against the corporate division, in order to obtain a declaration that the division does not have effects against them, nor did it preclude them from bringing enforcement proceedings against the assets transferred to the newly formed company.

scholarly journals Empresa de Tendência: um estudo comparado entre o Mercosul e a União Europeia

2017 ◽  
Vol 1 (36) ◽  
Author(s):  
Luís Alexandre Carta Winter ◽  
Natalia Munhoz Machado Prigol
Keyword(s):  
European Union ◽  
Case Studies ◽  
Comparative Methods ◽  
Fundamental Rights ◽  
Legal Rights ◽  
The European Union ◽  
Legal Certainty ◽  
Freedom Of Conscience ◽  
Member States ◽  
The Subject

RESUMOObjetiva-se analisar o conceito e a aplicação jurídica do instituto denominado “Empresa de Tendência” na União Europeia e no Mercosul. A utilização do conceito implica na colisão de direitos fundamentais entre o empregado (liberdade consciência) e o empregador (liberdade gerência da empresa), a qual deve ser resolvida através da ponderação dos bens jurídicos conflitantes. Os estudos de casos demonstram que na União Europeia o conceito já está consolidado. No MERCOSUL, de modo diverso, o conceito carece de certeza jurídica, havendo muita discrepância com relação à sua aplicabilidade até mesmo dentro de um único país. Ao final, propõe-se a retificação da Declaração Sociolaboral no intuito de promover uma harmonização da legislação dos Estados-Membros a respeito do tema. Utilizar-se-á dos métodos dedutivos e comparativos para elaboração do estudo.ABSTRACTThe objective of this paper is to analyze the concept and legal application of the so-called "Tendency Company" in the European Union and in Mercosur. The concept implies collision of fundamental rights between the employee (freedom of conscience) and the employer (freedom of management of the company), which must be resolved by weighing the conflicting legal rights. The case studies show that in the European Union the concept is already consolidated. In MERCOSUR, the concept lacks legal certainty, and there is much discrepancy regarding its applicability even within the same country. Finally, it is proposed to rectify the Socio-Labor Declaration in order to promote a harmonization of the legislation of the Member-States regarding the subject. The deductive and comparative methods will be used to elaborate the study. 

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