Eu Agricultural Law

Author: Jens Hartig Danielsen
Publisher:
ISBN: 9789041132802
Size: 11.97 MB
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The European Union s common agricultural policy is without question the most economically significant policy area in EU law, as well as the area in which Union regulation has been implemented most consistently and intensely. This book contends that today, considering this comprehensive regulation of issues that are of prime economic importance and the rich case law that this EU policy has generated EU agricultural law cannot be treated as an isolated discipline, but must be seen in the context of general Union law. The author first deeply explores in an unprecedented way what is meant by the expressions agriculture, agricultural activity, and agricultural producer found in current EU legislation, and goes on to provide a detailed legal analysis in contexts from Member States to the World Trade Organization. In the course of the presentation he examines the following, among much else: the principle of unified markets or common prices; structural funds for promoting regional agricultural development; encouragement of local strategies based on partnership and experience-sharing networks; environmentally friendly agricultural measures; the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD); whether a person or undertaking produces agricultural products or processes them; food safety measures; animal welfare; agricultural training and research; ensuring a fair standard of living for the agricultural community; interventions concerning storage or production limitation; State aid schemes; marketing standards; geographical indications; trade with third countries; support for improving the environment and the countryside; payment of aid pursuant to the single payment scheme; and WTO rules on domestic support measures, import duties and restrictions, and exports. As a full-length, in-depth analysis of EU agricultural law, this book has no peers. It is sure to be welcomed not only by legal academics, but by all who are professionally engaged in dealing with issues of Union agricultural law, whether lawyers, professional interest groups, or administrative authorities."

Research Handbook On Eu Agriculture Law

Author: Joseph A. McMahon
Publisher: Edward Elgar Publishing
ISBN: 1781954623
Size: 29.52 MB
Format: PDF, Docs
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Following the conclusion of the latest round of reforms to the Common Agricultural Policy (CAP) in 2013, the Research Handbook on EU Agriculture Law provides an up-to-date discussion of these reforms and the changing landscape in which the CAP now operates. Adopting an interdisciplinary approach, and with international contributors from across Europe and the United States, the Handbook commences with analyses of the legal instruments which implement the reformed CAP, before moving on to consider questions of land use, the role of agriculture within the wider food chain and the international dimension. In these contexts, particular issues identified include: the environmental impact of past, present and future farming practices; the ability of the food chain to accommodate consumer preferences and scientific innovation; and the hurdles to be cleared before international consensus can be reached on a whole range of agricultural imperatives. As well as providing a state-of-the-art point of reference for academics, this comprehensive book will be of great interest to students, scholars and policymakers dealing with these new challenges faced by agriculture in the EU.

The Ne Bis In Idem Principle In Eu Law

Author: Bas van Bockel
Publisher: Kluwer Law International
ISBN: 9041131566
Size: 17.10 MB
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The legal principle of ne bis in idem restricts the possibility of a defendant being prosecuted repeatedly on the basis of the same offence, act, or facts. This book describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law.

Eu Law And Obesity Prevention

Author: Amandine Garde
Publisher: Kluwer Law International
ISBN: 9041127062
Size: 47.69 MB
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Since the 1980s, there has been an alarming increase in the prevalence of obesity in virtually every country in the world. As obesity is known to lead to both chronic and severe medical problems, it imposes a cost not only on affected individuals and their families, but also on society as a whole. In Europe, the Obesity Prevention White Paper of May 2007 - followed by the adoption of an EU School Fruit Scheme, the acknowledgement that food advertising to children should be limited, and proposed legislation to make nutrition labeling compulsory - has firmly placed obesity on the EU agenda by laying down a multi-sectoral strategy and a basis for future action. In accordance with this growing sense of urgency, this is the first book to offer an in-depth legal analysis of obesity prevention, with particular reference to Europe. It describes what the EU has done and could do to support Member States in fighting the obesity epidemic, and clearly shows the way to locating advocacy strategies within the framework of EU law. The thorough analysis includes a discussion of the following issues: the need to address nutrition and physical activity as important health determinants; the emphasis traditionally placed at EU level on food safety rather than food quality; the need for the development of databases on nutrition and physical activity, comparable common indicators and risk assessment mechanisms; mainstreaming public health into all EU policies; the scope of EU powers in the case law of the Court of Justice; the role of information in the EU's obesity prevention strategy; the Commission's proposed Mandatory Nutrition Declaration; the Food Claims Regulation; the regulation of food marketing to children, and in particular the role of the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive and industry self-regulation; food reformulation; the use of economic instruments in the EU's obesity prevention strategy, with an emphasis on the Common Agricultural Policy and the EU's taxation policy; and EU action in the fields of sport, occupational health and safety, and transport policy. The author convincingly shows that conflicts of interest inherent in market forces demand a strong EU intervention, preferably through legislation than self-regulation. She also demonstrates the urgent need to reach an agreement, on the basis of reliable data, about what is effective in practice to improve lifestyles. The study acknowledges that the law is not a panacea, but nonetheless has an influential role to play in making the healthy choice an easier choice, and must move decisively towards ensuring that the societal costs associated with obesity are sustainable, and that the ultimate goal of a healthy population is achievable. The book is essential reading for everyone involved or interested in the development of the EU's obesity prevention policy.

Research Handbook On Eu Agriculture Law

Author: Joseph A. McMahon
Publisher: Edward Elgar Publishing
ISBN: 1781954623
Size: 78.90 MB
Format: PDF
View: 7715
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Following the conclusion of the latest round of reforms to the Common Agricultural Policy (CAP) in 2013, the Research Handbook on EU Agriculture Law provides an up-to-date discussion of these reforms and the changing landscape in which the CAP now operates. Adopting an interdisciplinary approach, and with international contributors from across Europe and the United States, the Handbook commences with analyses of the legal instruments which implement the reformed CAP, before moving on to consider questions of land use, the role of agriculture within the wider food chain and the international dimension. In these contexts, particular issues identified include: the environmental impact of past, present and future farming practices; the ability of the food chain to accommodate consumer preferences and scientific innovation; and the hurdles to be cleared before international consensus can be reached on a whole range of agricultural imperatives. As well as providing a state-of-the-art point of reference for academics, this comprehensive book will be of great interest to students, scholars and policymakers dealing with these new challenges faced by agriculture in the EU.

Directory Of Eu Case Law On The Preliminary Ruling Procedure

Author: R. Barents
Publisher: Kluwer Law International
ISBN: 9041131507
Size: 71.37 MB
Format: PDF
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Article 234 EC ensures that a divergent application of the EC Treaty or of the statutes and acts of its institutions is not allowed in any Member State. Unsurprisingly, its pivotal importance has given rise to a huge number of ECJ judgments and orders - about 700 by the beginning of 2009. Very often, a practitioner needs to establish whether the preliminary ruling procedure called for by Article 234 EC is required in a particular case being pursued in a national court, and any relevant ECJ ruling or order must be located. Herein lies the great value of this book. Dr Barents' very useful volume sorts paragraphs of the 700 judgments and orders by subject, making it easy to establish the relevance of a particular Community court ruling to a particular national court proceeding. In this book paragraphs of the judgments and orders are presented in the form of extracts sorted by subject. The subject headings are arranged according to a hierarchical system, descending from such overarching concepts as scope and participation to such precise categories as the following: situations outside the scope of community law; bodies not considered to be courts or tribunals; arbitration; third persons; rights of participants; formulation of preliminary questions; presumption of relevance of a preliminary reference; violation of the obligation to refer; requirement of a pending dispute; interim measures; modification of preliminary questions; questions rejected by the submitting court; new elements presented during the preliminary procedure; questions lacking precision; retroactive effects of judgments. Paragraphs of judgments relating to more than one subject are included under each relevant heading, where necessary accompanied by cross references to other headings. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The articles of the EC Treaty are cited according to the new method of citation pursuant to the renumbering of the articles of that treaty brought about by the Treaty of Amsterdam. There is no doubt that the book's technique of presenting case law in the form of separate extracts and summaries arranged by topic and sub-topic improves the accessibility of the material. This very practical, time-saving feature will be greatly appreciated by practitioners throughout Europe. This is a reference every European lawyer will want to have on hand.

Eu Higher Education Law

Author: Sacha Garben
Publisher: Kluwer Law International
ISBN: 9041133658
Size: 38.35 MB
Format: PDF, Mobi
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In March 2010, the European Higher Education Area was officially launched, proclaiming the culmination of a ten-year timeframe projected at Bologna in 1999, when the education ministers of 29 European states signed a declaration that would fundamentally influence the future of their higher education systems. Forty-seven countries, including all EU Member States and other countries as far afield as Kazakhstan, now take part in the so-called 'Bologna Process'. Remarkably, this vast enterprise, which has led to rapid and sweeping changes in almost all higher education systems in Europe, has taken place outside the framework of the European Union and the Council of Europe. In fact, as this important legal analysis shows, it appears that with the Bologna Process the Member States have tried to sidestep the EU's growing influence on higher education. Although the Bologna Process has generated an impressive literature addressing what it might mean, where it suddenly came from, and how it has become so powerful, until now the legal implications of the process, and its tense relationship with EU law, have been left almost entirely unexamined. This work fills that gap. Among the often controversial issues raised are the following: ; avoidance of the democratically legitimate procedures of the EU's institutional framework for cultural reasons connected with state sovereignty; the scope of EU legal competence for various kinds of activities in the educational sector; specific areas of overlap between EU law and the Bologna Process and their implications; voluntary intergovernmental cooperation as a paradigmatic global shift of internationalization policies in education; the idea that the university is being redefined, from a social institution to an industry; the increasingly influential role in the process, by means of funding and coordination, of the European Commission; financial support programmes and devices to enhance credit and degree recognition; students as recipients of services; and teachers and the free movement of workers. The author describes how the scope of the Bologna Process was significantly broadened during a series of meetings during the decade, analyses the relevance of the case law of the European Court of Justice and provides a detailed description of the adoption of the process into the national laws of France, Germany and the United Kingdom. A concluding normative assessment scrutinizes the process on the basis of democracy, transparency and accountability. As the first study of the legitimacy of Bologna from a European law perspective - and by extension of the 'Europeanization' of higher education, including the role of the EU, EU law, and law in general - this is a critically important contribution to a contentious debate that clearly holds great significance for the future of law and society. Educators and education policymakers are sure to read and study it with interest.

Handbook Of European Policies

Author: Hubert Heinelt
Publisher: Edward Elgar Publishing
ISBN: 1784719366
Size: 51.66 MB
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This definitive Handbook addresses the current lack of research into European policymaking and development using an interpretive perspective. Questioning areas that mainstream approaches tend to neglect, contributors target the ways in which ideas, arguments and discourses shape policies in the institutional context of the EU.

The European Model Of Agriculture

Author: Michael Cardwell
Publisher: Oxford University Press on Demand
ISBN: 9780199242160
Size: 45.96 MB
Format: PDF, Mobi
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In order to meet the changing needs of the agricultural sector, the European Union has advocated a new 'European model of Agriculture' which will provide a competitive and diverse agricultural sector that is environmentally responsible and that uses Community funds wisely. In order to implement such a range of policies the EU will need to pass a large amount of legislation. This book sets out to analyze whether the legislative framework for this model is feasible and whether it can deliver these policy objectives. The timely analysis of the tension between the EU model and the global economy as supervised by the WTO, the emphasis on environmental protection, and the place of agriculture in the wider rural economy are all issues at the heart of the present debate. This book is the first to deal with the mid-term review of the CAP and is therefore essential reading for academics, practitioners and policy makers in the field.

European Competition Law

Author: Weijer VerLoren van Themaat
Publisher: Edward Elgar Publishing
ISBN: 1786435470
Size: 23.18 MB
Format: PDF, ePub, Mobi
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This updated second edition explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The book’s unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Containing an article by article overview of EU competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.