THE CONCEPT OF FAIR TRADE AND TRADE LAW OF THE EUROPEAN UNION: MODERN APPROACHES TO DEVELOPMENT

Abstract

The article considers with the help of modern methodology the semantic characteristic of the process of implementation of the fair trade concept and the formation of EU trade law, as well as trends on its development in the context of globalization and integration process. It is noted that EU common commercial policy is based on uniform principles, particularly with regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods and services, and the commercial aspects of intellectual property, foreign direct investment, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies. The author provides the legal theses for the formation, basic structural component as matter of EU trade law and norms regulating relations arising in trade with non-EU countries and regulating relations only in the sphere of commodity circulation. These rules apply to: right of cross-border distribution of goods; the principle of mutual recognition, which derives from the case law of the Court of Justice of the European Union, plays an important part in the functioning of the internal market and allows the free movement of products in the absence of any EU harmonising legislation; the requirements for accreditation and market surveillance relating to the marketing of products and repealing; EU consumer protection legislation. The current development of EU trade law is considered through the prism of four concepts as fair trade, unfair trade practices, fair competition and level playing field. The author agrees with the opinion of E. P. Thompson that in the context of the United Kingdom market of the eighteenth century the concept of fair trade was used as a certain way to solve the market problem. At the same time, this concept was aimed primarily at protecting of consumer rights.