Case Study - European Law Institute

Added on - 12 Nov 2020

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EU Law Case study
TABLE OF CONTENTSRESEARCH PAPER.......................................................................................................................1CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
RESEARCH PAPERFree trade of goods is defined under title II of the TFEU (treaty on Functioning ofEuropean Union). It is important for the internal market, to EU legislation as well to decisions ofthe court of justice. The free movement of goods describes the laws and rules with internalmarket operation between member state of Eu as well as remove the trade barriers. In the presentreport discussion related with the application and compatibility of certain new proposal in theSpanish legislation in context with EU law is done. The TFEU treaty recognise and promote thebasics of the European law by setting the scope of the EU authority on legislation and principlesof law to those members state where EU law operates.This treaty defined regulation related with discrimination, policies and internal actionrelated with trade and commerce, external action, institutional and financial provisions for themember nations of EU. The internal action includes free movement of goods, justice, freedometc. This treaty defines the provision related with trade and commerce as well as the civiljurisdiction between member states(Barnard, 2016). To bring in a new legislation or the law inany of the member nation the laws or the rules must not be in contradiction with the EU law andthe provision of TFEU. The proposed law must be in compatibility of the treaty provision bothin restrictive practices as well as the civil jurisdiction.PROPOSAL 1: Banning the use of E-cigarettes containing Propylene glycolThe report give by European public health Association in August 2018, presents acomprehensive summary of the science on the e-cigarettes. These are identifies as less harmfuland minimise the potential risk to the public health (Treaty on the Functioning of the EuropeanUnion (TFEU),2018). At present all the Eu members must comply with the EU tobaccoproducts directive which also includes the regulation for ENDS. The e cigarettes contains thepropylene glycol have nicotine in it.A number of global tobacco control researchers have statedthat e-cigarettes are less harmful than combusted tobacco;8–12; however, the impact of e-cigarettes on public health is unclear. This presents specific challenges as jurisdictions determinehow to regulate this product.As per the Article 168 of the TFEU the member states are given a responsibility to ensurethe definition and implementation of the union policies and activities in respective nation. Theaction of the union shall complement in the national policies and direct towards the improvementof public health, prevention of physical and mental illness and diseases. The state must obviate1
the sources of danger to physical and mental health. Such action shall cover the fight against themajor health scourges, by promoting research into their causes, their transmission and theirprevention, as well as health information and education, and monitoring, early warning of andcombating serious cross-border threats to health(European Public Health Association,2018).The union is also responsible to complement the member state in their action of reducing drugrelated healths damages which includes information and prevention.The member state are responsible forto be in liaison with the principles, and coordinatethemselves with policies and programmes while commission of any new law and legislation intheir nation. The member starts is given a right to take useful initiatives to promote thecoordination and must keep in lop the European parliament with providing it the fill informationabout any change in law.As far as the studies around the world are concerned most of them have shown that themajority of the adults are using e-cigarettes and public health advocates have shown theirconcern that e- cigarettes may be an initiation orc stating point to drag the youth of the nationtowards the progress of using the tobacco products. Moreover, the studies have also reflected thefact that increased consumption of the same can lead to the mouth cancer.As in accordance with the article 168 the Spanish government have a right to take anaction of banning the E-cigarettes from the nation but as per the provision of article 168 it mustkeep in loop the European parliament with given the full information about the chance and whythis is in order to protect the public health and youth of the nation(Hofmann, 2016). Till date theEU do not have a specific regulation regarding the securing people from the harmful effect ofthe e cigarettes the Spanish government have a right to enter such laws in their legislation but itmust be done with prior approval of the union and make an informed decision with takingrelevant suggestions from the European parliament.Also, while making a resolution in the legal system the Spanish government must see thedirective about the civil procedures of making such changes and the jurisdiction over any suchdispute arises under the amount of new legislation made as banning the e-cigarettes in theirnation.PROPOSAL 2: Ban on TV advertisement of Liqueur chocolatesIn accordance with the article 169 of the consumer protection of the TFEU, the unionmust contribute in protection of health, Safety and economic interest of the consumer in order to2
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