1. RJA zinātniskie raksti / RGSL Research Papers

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Browsing 1. RJA zinātniskie raksti / RGSL Research Papers by Author "Riga Graduate School of Law"

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    An analysis of the nutrition and allergen labelling rules in the EU and their implications on the common market
    (Riga Graduate School of Law, 2018-11) Stungrevica, Elīna; Riga Graduate School of Law
    The EU Regulation 1169/2011 also known as food information to consumers’ regulation introduced two advancements - a mandatory nutrition declaration for prepacked food as well as mandatory allergen labelling for prepacked foods plus minimum requirements for allergen representation for non-prepacked foods. The article analysis the interaction between the relevant EU laws and Member State regulations. For this study there were four Member States chosen – Latvia, France, the Netherlands and the UK. Article then looks at the legal evaluation and observes the implications to common market. As the possible consequences are named restriction on free movement of goods and market fragmentation. In addition the purpose of Regulation 1169/2011, which is the protection of consumer health, can be jeopardized. The front of pack labelling systems can disrupt balanced diet of a consumer. Products bearing precautionary labels can actually contain allergen traces yet a consumer will disregard the warnings due to advisory label common occurrence. Article concludes by determining that the current food labelling area has encountered two issues yet rules in place does not provide for solutions. Thus the further development in the food labelling area, specifically nutrition and allergen labelling, is to be expected.
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    A blind casting into the evidential sea: the interplay between fundamental rights and the efficacy of leniency programmes
    (Riga Graduate School of Law, 2018) Kollmar, Christy L.; Riga Graduate School of Law
    This article makes the case that proper protection of Defendants’ fundamental rights, through the enhancement of procedural predictability and increased evidentiary transparency, will lead to more efficient, efficacious and sustainable leniency programmes equating to more fear of violative behaviour detection, an increased acknowledgment of anti-competitive participation, and enhanced overall cartel destabilisation for more balanced competition in the marketplace. With the clear link that exists between the severity of sanctioning, the exploitation of the leniency programme, and the protection of fundamental rights, it becomes imperative that a Defendant’s fundamental rights are not undermined so a later finding of cartel infringement can remain viable under heightened judicial scrutiny. The article provides final recommendations on how to strengthen leniency programmes by and through safeguarding a Defendant’s fundamental rights related to search warrant procurement and execution. The final recommendations provide insight on: Subject Matter and Purpose of the Investigation Burden / Threshold of Proof Procedure on Warrant Execution Obtainment of ‘Follow-on’ Evidence
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    Modernization of the current cannabis legal framework and its potential economic gains
    (Riga Graduate School of Law, 2017) Samuša, Annija; Riga Graduate School of Law
    The main topic of the article is to observe the current regulatory policy of cannabis and the reasons why it should be reorganized so that the society could gain largest potential economic benefit. The author basically wanted to prove the need for changes in international cannabis regulation. In order to gain the best results, the author uses legal and comparative analysis research methods and as credible sources exploits mainly drug reports published by international organizations, scientific journal and official government data. The main findings are that the current international legislation regarding cannabis is outdated, ineffective and actually obstructs the society from researching the respective substance and its possible advantages. More liberal and at the same time more specific regulation of cannabis market is found to be more effective to defeat the black market and give benefit to society’s overall well-being. In the conclusion the author recommends to change the international cannabis legislation by presenting several step control mechanisms of the respective substance.
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    Personal data protection in the EU – cooperation and competences of EU and national data protection institutions and bodies
    (Riga Graduate School of Law, 2017) Grava, Laura; Riga Graduate School of Law
    This article focuses on the institutional aspect of European Union (EU) personal data protection. The aim of the article is to identify current problems in division of competences and in cooperation between national and EU data protection institutions. The author analyses these aspects on two levels. On the vertical level, the author analyses the competences and cooperation between national and EU institutions and on the horizontal level – the division of competences and cooperation between different national data protection authorities. As of now, each Member State has different data protection rules and procedures. Moreover, as in the EU context data protection is a shared competence, MS are under the obligation to avoid clashes of interests and competences. But due to the particularities of the current legal setup in the area of data protection, national data protection authorities have different levels of competences, involvement and participation in enforcement and protection of personal data. Even though national data protection agencies are obliged by EU law to cooperate, there are no certain ways or tools to ensure that they do so. And, given the recent Court of Justice of the European Union (CJEU) judgments in Weltimmo, Google Spain, Schrems and other cases involving personal data, the competences and required level of cooperation between national and EU institutions have become more unclear than ever. The author considers that the current legal setup in terms of inter-institutional cooperation is not effective and is prone to creating more problems. As no clear legal mechanism exists, cooperation can become burdensome, complicated, and lengthy, thus failing to ensure uniform application of EU law and assure the legitimate expectations of data subjects or controllers. Moreover, the latest CJEU judgments on the issue of competences of national and EU data protection institutions can cause uncertainties and possible misunderstandings in terms of clear division of powers. It can be expected that in a few years the current problems should be resolved with the implementation of a new EU data protection regulation.