The Experts below are selected from a list of 24969 Experts worldwide ranked by ideXlab platform
Eveline Ramaekers - One of the best experts on this subject based on the ideXlab platform.
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Free Movement of Goods and Property Law
European Law Journal, 2013Co-Authors: Bram Akkermans, Eveline RamaekersAbstract:Although usually considered a national competence, there is an effect of internal market law on property law. When a property right is validly created in one Member State and the object on which it rests is moved to another Member State, an internal market dimension arises. Such has been the case in the ECJ's Krantz decision 25 years ago, dealing with the question on whether the rules allowing a seizure of Goods owned by someone else in another Member State and leading to a potential loss of right is in conformity with EU law. More than 25 years have passed and our thinking about the internal market as well as the free Movement case-law has changed significantly. A re-examination of this decision leads to a different conclusion: the refusal to recognise property rights validly created in another Member State violates the free Movement of Goods under Article 34 TFEU.
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Free Movement of Goods and Property Law
SSRN Electronic Journal, 2011Co-Authors: Bram Akkermans, Eveline RamaekersAbstract:In the EU there is an internal market in which there is free Movement of Goods. The effects of internal market law are very wide because of the focus on economic integration. Every aspect of national law is potentially subject to the influence of EU law. This includes the application of internal market law to areas of property law that is usually considered a purely national competence. In the area of movable property law – surprisingly – there have been no actual cases. When a property right is created in one Member State and the object on which it was created is moved to another Member State, the rules of private international law in combination with the application of national property law, which adheres to a closed system of property rights, will result in a loss of right. This is a substantial hindrance to intra-Union trade. Recent developments in the case law on the free Movement of Goods merit renewed attention to these types of fact patterns. With a market access test, our argument of application of EU law becomes stronger. The ECJ might pass judgment on private international law and national property law advancing the creation of a European property law.
Chidi Lloyd - One of the best experts on this subject based on the ideXlab platform.
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Free Movement of Goods and Capital in the Economic Community of West African States: Myth or Reality?
International Journal of Innovative Research and Development, 2017Co-Authors: Michael P. Okom, Jake Otu Enyia, Chidi LloydAbstract:This article seeks to examine the birth of ECOWAS and its progress in seeking for economic cooperation amongst the West African sub-region. The paper is a further pointer to the fact that besides ECOWAS, which assist in the facilitation of Movement of Goods, capital in the community, other schemes such as the West African Economic and Monetary Union (WAMU) has equally been put in place to compliment the role of ECOWAS. The writer identifies the problem of corruption and faulty implementation of the protocols/treaty as the main perennial problems facing the community. The article identifies the fact of balkanization of the African continent by the forces of colonialism and the weak structures associated with these states necessitated the need for current leaders in West Africa to commit themselves to the objectives of economic integration and the development of the sub-region. The writer ended on a concluding note that ECOWAS as a concept has retained its attraction. But the pertinent question over the years has been how to actualize this potential. This paper has adduced many reasons for the sorry pass the region has been trapped in. It is the considered opinion of the writer of this article that so long as the treaty exists on paper, all hope is not lost.
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Free Movement of Goods and Trade Liberalization in the Economic Community of West African States (Ecowas): A Critical Evaluation
International journal of innovative research and development, 2017Co-Authors: Michael P. Okom, Michael T. Otu, Chidi LloydAbstract:This article examines the aims and objectives of Economic Community of West African States (ECOWAS) in the realization of free Movement of Goods and capital between states. Actually freedom of Movement of Goods and capital is still a myth and not a reality by ECOWAS member states and many of the indicia for actualizing the objectives have not been put in place. The idea of trade liberalization scheme was mooted in the first place to facilitate the dream of the community for free Movement of Goods across the borders. Thus regional integration was expected to lead to expansion of markets and the removal of trade barriers amongst member states as required by the Trade Liberation Scheme (TLS) with the sole aim of coordinating industrial planning for the purpose of enhancing the process of regional economic growth and development. Thus, this paper explores the fact that economic integration is a necessity amongst member states if the region is to achieve any meaningful sustainable economic growth. This paper further identifies the problems of implementation of the Trade Liberalization Scheme (TLS) and pointed out efforts made by the Authority of Heads of State and Government by ameliorating those teething problems. The paper examines the fact that capital is the vehicle that moves Goods and Goods are usually paid for in the local currency which is dogged by the problem of exchange rates and local financial regulations. The paper also attempted proffering solutions on how to surmount the bottlenecks associated with exchange rates by suggesting the use of local currencies by community citizens for payment of services rendered in connection with travel within the region. And finally, recommendations for more effective approach towards the realization of economic currency by members of ECOWAS states is strongly being advocated for and the need for Nigeria as the giant of Africa to occupy the vacant positions of an acclaimed integration leader in the region are issues strongly canvassed as palliative measures which if put in place will go a long way to achieve self-sufficiency for the member states especially by creating a single large trading area.
Bram Akkermans - One of the best experts on this subject based on the ideXlab platform.
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Free Movement of Goods and Property Law
European Law Journal, 2013Co-Authors: Bram Akkermans, Eveline RamaekersAbstract:Although usually considered a national competence, there is an effect of internal market law on property law. When a property right is validly created in one Member State and the object on which it rests is moved to another Member State, an internal market dimension arises. Such has been the case in the ECJ's Krantz decision 25 years ago, dealing with the question on whether the rules allowing a seizure of Goods owned by someone else in another Member State and leading to a potential loss of right is in conformity with EU law. More than 25 years have passed and our thinking about the internal market as well as the free Movement case-law has changed significantly. A re-examination of this decision leads to a different conclusion: the refusal to recognise property rights validly created in another Member State violates the free Movement of Goods under Article 34 TFEU.
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Free Movement of Goods and Property Law
SSRN Electronic Journal, 2011Co-Authors: Bram Akkermans, Eveline RamaekersAbstract:In the EU there is an internal market in which there is free Movement of Goods. The effects of internal market law are very wide because of the focus on economic integration. Every aspect of national law is potentially subject to the influence of EU law. This includes the application of internal market law to areas of property law that is usually considered a purely national competence. In the area of movable property law – surprisingly – there have been no actual cases. When a property right is created in one Member State and the object on which it was created is moved to another Member State, the rules of private international law in combination with the application of national property law, which adheres to a closed system of property rights, will result in a loss of right. This is a substantial hindrance to intra-Union trade. Recent developments in the case law on the free Movement of Goods merit renewed attention to these types of fact patterns. With a market access test, our argument of application of EU law becomes stronger. The ECJ might pass judgment on private international law and national property law advancing the creation of a European property law.
Nigel Foster - One of the best experts on this subject based on the ideXlab platform.
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10. Free Movement of Goods I: tariff and tax barriers
EU Law Directions, 2020Co-Authors: Nigel FosterAbstract:This chapter examines European Union (EU) law concerning tariff and tax barriers. It explains the legislative provisions of the Treaty on the Functioning of the European Union (TFEU) for the free Movement of Goods and those of secondary legislation. The coverage of the TFEU provisions includes customs duties and charges having equivalent effect, the Common Customs Tariff, and the equivalent measures with equivalent effects on exports and imports. This chapter also evaluates the progress towards the achievement of the goals of the Treaty and discusses the establishment of the internal market and the prohibition of discriminatory taxation.
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11. Free Movement of Goods II: non-tariff barriers
EU Law Directions, 2020Co-Authors: Nigel FosterAbstract:This chapter examines European Union (EU) law concerning non-tariff barriers to free Movement of Goods. It describes member states’ attempts to influence imports and the way the European Commission and the European Court of Justice (CoJ) handled these issues. This chapter explains the provisions of the relevant legislation for non-tariff barriers, which include Articles 34, 36, and 35 of the Treaty on the Functioning of the European Union (TFEU). It also analyses example cases including ‘Dassonville’, ‘Cassis de Dijon’, and post ‘Keck’ case law. It concludes with a consideration of the latest trend of cases concerning product use and residual rules.
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8. The Free Movement of Goods
Foster on EU Law, 2019Co-Authors: Nigel FosterAbstract:This chapter discusses EU law on the free Movement of Goods. It covers legislative provisions; progress towards the treaty goals; integration methods; the establishment of the internal market; the prohibition of discriminatory taxation; summary on tariff barriers; quantitative restrictions and measures having equivalent effect; the ban of Article 34 TFEU and derogations of Article 36 TFEU; equally applicable measures (indistinctly applicable measures); and notable cases including Dassonville, Cassis de Dijon, Keck, and Mithouard.
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6. The Free Movement of Goods
Concentrate Questions and Answers EU Law, 2018Co-Authors: Nigel FosterAbstract:The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the free Movement of Goods in the EU. The questions focus on charges and measures having equivalent effect, the restrictions allowed under Art 36 TFEU, and the principles of law which have emerged from the case of Cassis de Dijon and subsequent cases. The significance of the judgment of the Court of Justice in Keck is addressed.
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11. Free Movement of Goods II: non-tariff barriers
EU Law Directions, 2018Co-Authors: Nigel FosterAbstract:This chapter examines European Union (EU) law concerning non-tariff barriers to free Movement of Goods. It describes member states’ attempts to influence imports and the way the European Commission and the European Court of Justice (CoJ) handled these issues. This chapter explains the provisions of the relevant legislation for non-tariff barriers, which include Articles 34, 36, and 35 of the Treaty on the Functioning of the European Union (TFEU). It also analyses example cases including ‘Dassonville’, ‘Cassis de Dijon’, and ‘Keck’.
Michael P. Okom - One of the best experts on this subject based on the ideXlab platform.
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Free Movement of Goods and Capital in the Economic Community of West African States: Myth or Reality?
International Journal of Innovative Research and Development, 2017Co-Authors: Michael P. Okom, Jake Otu Enyia, Chidi LloydAbstract:This article seeks to examine the birth of ECOWAS and its progress in seeking for economic cooperation amongst the West African sub-region. The paper is a further pointer to the fact that besides ECOWAS, which assist in the facilitation of Movement of Goods, capital in the community, other schemes such as the West African Economic and Monetary Union (WAMU) has equally been put in place to compliment the role of ECOWAS. The writer identifies the problem of corruption and faulty implementation of the protocols/treaty as the main perennial problems facing the community. The article identifies the fact of balkanization of the African continent by the forces of colonialism and the weak structures associated with these states necessitated the need for current leaders in West Africa to commit themselves to the objectives of economic integration and the development of the sub-region. The writer ended on a concluding note that ECOWAS as a concept has retained its attraction. But the pertinent question over the years has been how to actualize this potential. This paper has adduced many reasons for the sorry pass the region has been trapped in. It is the considered opinion of the writer of this article that so long as the treaty exists on paper, all hope is not lost.
-
Free Movement of Goods and Trade Liberalization in the Economic Community of West African States (Ecowas): A Critical Evaluation
International journal of innovative research and development, 2017Co-Authors: Michael P. Okom, Michael T. Otu, Chidi LloydAbstract:This article examines the aims and objectives of Economic Community of West African States (ECOWAS) in the realization of free Movement of Goods and capital between states. Actually freedom of Movement of Goods and capital is still a myth and not a reality by ECOWAS member states and many of the indicia for actualizing the objectives have not been put in place. The idea of trade liberalization scheme was mooted in the first place to facilitate the dream of the community for free Movement of Goods across the borders. Thus regional integration was expected to lead to expansion of markets and the removal of trade barriers amongst member states as required by the Trade Liberation Scheme (TLS) with the sole aim of coordinating industrial planning for the purpose of enhancing the process of regional economic growth and development. Thus, this paper explores the fact that economic integration is a necessity amongst member states if the region is to achieve any meaningful sustainable economic growth. This paper further identifies the problems of implementation of the Trade Liberalization Scheme (TLS) and pointed out efforts made by the Authority of Heads of State and Government by ameliorating those teething problems. The paper examines the fact that capital is the vehicle that moves Goods and Goods are usually paid for in the local currency which is dogged by the problem of exchange rates and local financial regulations. The paper also attempted proffering solutions on how to surmount the bottlenecks associated with exchange rates by suggesting the use of local currencies by community citizens for payment of services rendered in connection with travel within the region. And finally, recommendations for more effective approach towards the realization of economic currency by members of ECOWAS states is strongly being advocated for and the need for Nigeria as the giant of Africa to occupy the vacant positions of an acclaimed integration leader in the region are issues strongly canvassed as palliative measures which if put in place will go a long way to achieve self-sufficiency for the member states especially by creating a single large trading area.
