Suchergebnisse

This thesis investigates how food naming is regulated in the European Union with the aim to structure and explain the different rules regulating food naming and the interactions between the different rules, thereby clarifying de lege lata. Further, the thesis sets out to determine to what degree the Member States within the EU are free to regulate the naming of imported as well as domestically produced food, by way of legislation and/or by enforcement of the prohibition against misleading names. The interaction between the prohibition against misleading names and the obligation to mutually recognise names which have been legally used in other Member States are central in this thesis. The first part of the thesis introduces the thesis subject and provides an explanation to the approaches taken. The empirical data used for identifying practical real-life cases concerning potentially misleading names is presented. The second part of the thesis elaborates on the various EU rules in secondary law, their scope and objectives, including an examination of the rationales behind the rules based on application of economic theory. The borderlines between the rules are clarified. Part three of the thesis contains legal dogmatic analyses and discussions of the different EU rules regulating food naming. The analyses of the rules are based on practical real-life cases in which food naming has shown to be a challenging task. The difficulties addressed relate to: precision of names (the task of finding a name precise enough to provide adequate information to consumers without narrowing the product's competitive field); product identity (difficulties in naming products that refer to specific ingredients and in which traditional ingredients have been replaced); the use of geographical names (which potentially mislead consumers) and language difficulties. In the last chapter of part three an analysis is provided of the concept of fairness and general prohibition against misleading consumers in order to clarify the criteria for applying these in real-life cases. Despite the existence of rather detailed rules on naming and labelling of food, which provides clarity in relation to food naming, the application of these rules is dependent on consumers' expectation and potentially deception which must be assessed on a case-by-case basis, whereby the predictability of the rules is weakened. Part four of the thesis focuses on the borderlines between primary and secondary EU law and on answering the second part of the research question. Primary EU law defines the fundamental borderlines for EU law on food names and limits how food legislation can and must be applied. First part of this analysis focuses on the naming of imported food products, while the second part focuses on the naming of domestically produced food. The relevant sources of law are analysed and discussions are provided. It is concluded that the principle of mutual recognition takes precedence over the prohibition against misleading names, which prevents Member States from regulating the naming of imported food, by way of legislation and by enforcement of the prohibition against misleading names. Secondary EU law also limits how Member States can regulate the naming of domestically produced food. Part five provides the conclusion to the research question.

RESUMEN: A lo largo de este trabajo se hará un análisis ordenado y general del trato que da el ordenamiento jurídico español al concurso de acreedores, una visión global de su regulación, tramitación, efectos y consecuencias, así como la aplicación jurisprudencial que los órganos judiciales efectúan. Es por ello, que la estructura del presente trabajo puede ser definida en cierto como dual, y ello porque se puede discernir una primera parte dedicada al enfoque legislativo del asunto, y una segunda en que se aborda cómo los jueces resuelven con arreglo al marco anterior los supuestos fácticos que el tráfico mercantil español produce. ; ABSTRACT: The main idea of this work is to offer a wide review of the regulation of the insolvency procedure according to the Spanish Law, this work is meant to be a wide view of that phenomenon, its regulation, proceeding, effects and consecuences, also the application of these in case law. Due to the focus of this essay, the structure could be, in certain reason, defined as dual, because it could discerned a part in wich the object is the legislative stipulations, while the other one would be how judges solve, with that legal structure, the problems that Spanish market produce. ; Máster en Acceso a la Profesión de Abogado

Based on analysis of 21 arbitral awards rendered in the "Spanish saga" cases, this book discusses the current challenges faced by international investment law in the renewable energy sector, addressing questions such as which facts led to the unprecedented number of investor-state arbitrations filed against Spain, whether arbitral awards rendered against Spain have an impact on future proceedings commenced against other states, and which legal grounds in international law serve, or may potentially serve, as the basis for investors' claims in the renewable energy sector. Filip Balcerzak offers critical insight into generally applicable lessons for the future—both for adjudicators of renewable energy disputes and for policy-makers.

Women's roles in workplaces around the globe have been growing steadily for the past half-century. Yet, in everything from pay to advancement, workplace gender discrimination persists, much of it based on women's unique role as child bearers. Of the countless domestic and international efforts to address maternity discrimination, none has been completely successful. Drawing from the history of maternity leave legislation and the examples of domestic and international regimes, this Note proposes a unique solution to an international problem: an international model law. The Global Maternity Protection Act model law proposed here provides global protection for a global problem and aims to make all women equal by providing all women with the same benefits and protections, regardless of nationality. A model law solution is easily adopted and enforced and provides universal equality, a combination of objectives that is unattainable through legislation that is either purely domestic or purely international.

The article is devoted to the influence of the economic features of the digital platform market on the application of competition law. Purpose – to identify the features of economic research, including economic expertise, in cases of violation of antimonopoly legislation by the owners of digital platforms. Thus, the economic features of the digital platform market and the use of economic research and expertise in cases of violations of competition law by digital platforms are investigated. Results. The types of economic research conducted in cases of violations of antimonopoly legislation by the owners of digital platforms and the features of economic research, including economic examinations, carried out in such cases, are highlighted. These features are determined, first of all, by the specifics of the platform economy and they consist in the use of special methods for qualifying economic phenomena.

Whilst the literature on populism spans almost every conceivable discipline, the study of its relationship with religion remains exceptionally sparse. This paper seeks to fill an important gap in the literature and significantly enrich the study of populism by directly addressing the way in which religion impacts upon and is connected with populist movements. It does so by addressing a particularly illuminating case-study of populist attitudes toward Islamic law in Europe, namely the English public's response toward the formation of Shariah tribunals. As this paper shall show, the populist depiction of Shariah tribunals forced the UK government to dramatically alter its stance toward such tribunals, by framing the formation of Shariah tribunals as a malign and subversive attempt by a religious fundamentalist lobby at annexing the jurisdiction of the state legal system and imposing religious law by stealth.

The debate continues over the question of whether illicit drugs, including cocaine, ought to be decriminalized or legalized. At the center of this debate is the question of how law enforcement affects drug prevalence. In this article the author presents an application of an existing system dynamics model of national cocaine prevalence to determine the potential impact of policies involving a relaxation of law enforcement — represented in the model as reductions in arrests or drug seizures. Although the model's predictive ability is limited by uncertainties about input assumptions, these uncertainties are well defined, few in number, and bounded to some degree by historical and logical considerations. Even in the presence of such uncertainties, the model produces credible and valuable projections. Dynamic simulation models may prove useful as common platforms for discussion and analysis in the context of the drug enforcement debate.