Brexit Information

EU Competition Law Competition policy has been a central element of the European Union Treaties since the outset. The completion of the customs union, common market and later the single market required a system of ...

Public Procurement & Brexit

Effectiveness of EU Procurement Law The EU has enacted procurement legislation which is applicable to most public works above a certain value. The EU procurement rules apply above a relatively low project threshold ...

Broad Procurement Principles

Public Procurement Law European Union Law binds member states and public authorities. Such authorities and bodies are significant purchasers of goods and services. The common market for goods and services in the ...

Procurement Processes

Types of Process There is a number of types of procurement procedures permitted under the 2014 directives. The most common procedure is the open procedure by which all interested parties may tender a single fully ...

Anti-Competitive Practices

Anti-Competitive Agreements and Practices EU, UK and Irish legislation prohibit agreements, concerted practices and decisions by businesses or businesses association which have as their the object or effect, the ...

Vertical Restraints

General Vertical restraints are agreements made between persons operating at different levels in the market, such as manufacturers and distributors. Vertical agreements come in a variety of forms including ...

Abuse of Dominant Position

Rationale Article 102 of the European Union Treaty prohibits the abuse of a dominant position within the European Union, insofar as it may affect trade between member states. The corresponding domestic legislation ...

Market Dominance

Dominance Dominance must be considered with reference to the relevant market, once ascertained and defined. Dominance has been defined as a position of economic strength enjoyed by an undertaking, which enables it ...

Abusive Market Behaviour

Definition of Abuse Article 102 of the EU Treaty sets out indicative examples of abuse of a dominant position. They include; directly or indirectly, imposing unfair purchase or selling prices or other unfair trading ...

Information and Enforcement

Information on the Environment The European Union has approved the Convention designed to facilitate access by the public to environmental information, participation in the decision-making process, and access to ...

Climate Change

Kyoto Protocol The Kyoto Protocol to which the EU and its member states are parties, requires that states tackle emissions of six specified greenhouse gas. There are biding quantified objectives for limiting and ...

Natural Environment

Nature Conservation There is a significant body of European Union driven legislation dealing with nature conservation. This is part of the EU’s environmental function acquired in the single European act and ...

The Atmosphere

National Limits on Atmospheric Pollutants There are national limits in respect of certain atmospheric pollutants. They apply to sulphur dioxide, nitrogen oxide, volatile organic compounds and ammonia. National ...

Water

Water Framework Directive The water framework directive is a framework for the protection of: Groundwater Coastal waters Inland surface waters Transitional waters. It has the objective of preventing and reducing ...

Waste

Overview of Waste There are common EU rules on treatment and dealing with waste. The aims are to protect the environment and health and prevent the harmful effects of waste generation and management. Member states ...

Recycling and Recovery

WEEE The so-called WEEE directives deal with waste electrical and electronic equipment. The directive applies to: Large and small household appliances; IT and telecommunications equipment; Consumer equipment; ...

Free Movement and Fundamental Rights

in EU Free Movement Rights, Human Rights Issues

Acquired Rights The Vienna Convention on the Law of Treaties safeguards acquired rights to a significant extent. It had been claimed in the run-up to the Brexit referendum that it would safeguard the EU rights of UK ...

The Charter and the UK

Charter of Fundamental Rights The EU Charter of Fundamental Rights is part of the EU Treaties. It took effect in 2009 in the Lisbon Treaty. It has been somewhat controversial. It protects a broader range of human ...

EU Charter of Fundamental Rights

Background The European Union legal order has protected fundamental rights for many years. The Charter on Human Rights was incorporated into the Lisbon Treaty and took effect in December 2009. The Treaty on European ...

Fundamental Rights & the EU

EU and ECHR The European Convention on Human Rights is not part of the European Union Treaties. However, from the earlier stages, the European Court of Justice and its successors recognised that the European ...

Fundamental Right & ECHR

The Council of Europe The Council of Europe was a precursor of the European Union. It now includes the Russian Federation, the former Yugoslav states, Republic of Macedonia , Ukraine, Bosnia, Georgia, Serbia. The ...

Intellectual Property Enforcement

Enforcement An EU directive provides for harmonization of the enforcement of intellectual property rights. The purpose is to create a level playing field in relation to such rights. The directive applies to any ...

EU Agricultural Designations

Traditional Specialty Guaranteed Agricultural products intended for human consumption or foodstuff with a traditional composition produced in accordance with traditional production methods may become a Traditional ...

EU & Miscellaneous IP Rights

Semi-Conductors The directive on the legal protection of semiconductor products requires member states to adopt legislation to protect them insofar as they are the result of the creator’s intellectual effort and not ...

EU & Trade Secrets