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International LawNotes Lessons
Lesson 1 & Lesson 2:
Supernational law EU and Dutch laws together.
Secondary law:
- Regulation (verordening)
- Directives (richtlijn)
- Decision
- Recommendation
Regulation = basically law as we know it. This is the law; everyone
should stick to it.
Directive = it is not as specific as a regulation. For example, Consumer
directive H&M has 14 days to return. European legislation says that we
should do something about the online shopping rules. They don’t want to
force every one to do it exactly as they say, but companies can change a
little bit. So at least 14 days, but if H&M says 30 days that is okay.
Copyright in Europe are the same.
Dutch copyright PowerPoints made by a teacher, copyright is for Fontys.
Finland the teacher has copyrights.
Per country, on a national level you can choose how to implement but the
core remains the same.
Decision = not a rule everyone should stick to. It is for one particular
case/situation.
Lend money to Greece or not? Print more Euro billets or not? Support
military operation?
Recommendation = everyone can recommend to anyone.
There is free trade on several levels. No barriers to trade.
In Europe, there are 4 freedoms.
- Free movement of goods
- Free movement of persons
- Free movement of services
- Free movement of capital
, Free movement of goods implies two things:
- No physical restrictions (= involves money, import or export taxes)
o Art. 30 TFEU: import and export duties/tariffs. You cannot
impose any taxes at the boarder for entering of leaving the
country, that is illegal. Actually crossing the boarder.
Direct (= NL to Belgium, at the boarder you have to pay)
Indirect (= NL to Belgium, you are stopped at the
boarder but you can leave without paying, but we have
to inspecting your products at that will cost you money).
= indirect form of a tariff to trade. Indirect
discrimination because Belgium companies do not have
to pay that.
If the European Commission requires the inspections, then at some point,
import or export business may be charged a tariff for inspection. So, only if
the European Commission requires it it is allowed.
o National taxes, for example: BTW, accijnzen. (110 TFEU)
A lot of countries increase the BTW for foreign products.
For example: Fruit wines are produced in NL, Belgium or
Luxemburg. Grave wines are made often in Spain, Italy
etc. Now a country favors the Dutch companies who sell
whine because they put a higher tax on grave wines
than on fruit wines.
110 TFEU It is just a national tax. Differences in
taxation. They do not relate to import or export.
Great Britain, they have compared a higher tax to
whines, because they are often bought in France. Taxes
on beer are lowered, so the beer is in favor now.
- No quantitative restrictions (= another option to trade, no money)
o Are forbidden in art. 34/35 TFEU. They forbid quantitative
restrictions (QR) and measure having equivalent effect. (M.E.E)
QR = like a quota. You are allowed to move to Belgium
with for example 1,000 products as a maximum. In
Europe it is forbidden.
But you cannot import firework from Belgium.
In Belgium you cannot import soft drugs for the
Netherlands.
Art. 36: Public health reasons, social security.
M.E.E = Dasgonville is a family in Belgium and they own
a liquid store. Near to French boarder, and in France
there is a wholesaler. Now it makes sense to buy your
whiskeys at the wholesaler in France, because it is very
inefficient to buy every product at different distributors.
But there is one problem. In Belgium they had this habits
of illegal make their own liquids. So to do something,
Belgium government made a new law, that you have to
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