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Are uniformity and legal certainty in EU tariff classification really two sides of the same coin?

Are uniformity and legal certainty in EU tariff classification really two sides of the same coin?

SKU:10124584-0001
Emma van Doornik
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Price:
$227.00
Product Line
Kluwer Law International
ISBN-13
9789403510897
Availability
Ships in 5-7 Business Days
Last Updated
2025-03-25

Overview

About this book:

Are Uniformity and Legal Certainty in EU Tariff Classification Really Two Sides of the Same Coin?, the first incisive, in-depth treatment of EU tariff classification, is a thoroughly researched book uncovering situations where the application of the rules prioritizes uniformity at the expense of legal certainty and proposes viable measures that can be undertaken to mitigate and/or effectively remedy the consequences of this imbalance in the EU. Goods imported to any EU Member State are subject to tariff rates established by a complex classification system that poses challenges to both uniformity and legal certainty within the EU.


What’s in this book:

The following aspects of EU tariff classification are discussed:


  • the problematic nature of the EU’s Binding Tariff Information (BTI) system;
  • financial interests of the EU, Member States, and traders in tariff classification;
  • difficulty of tariff classification due to the abundance of sources;
  • role of the CJEU in uniform tariff classification;
  • grounds for the revocation of a BTI;
  • post-clearance recovery of duties;
  • right of access to court in case of tariff classification disputes; and
  • potential establishment of an EU tariff classification Appeal Body.

The author effectively outlines possible enhancements to the EU tariff classification measures and processes that could address issues of legal certainty while also promoting greater uniformity.


How this will help you:

The book offers significant insights for professionals and policymakers involved in tax and customs law, as well as for scholars studying these areas. Its in-depth examination of the complex framework of tariff classification and detailed exploration of taxpayers’ rights within EU customs law will be invaluable for effectively presenting customs cases in national and EU courts while understanding the available legal recourse. Customs officials will gain from its comprehensive advice on EU tariff classification procedures and the BTI system.

Table Of Contents

Notes to the Reader


List of Abbreviations and Glossary


Preface


CHAPTER 1

Introduction


CHAPTER 2

The Uniformity Principle Within the EU, the WTO and WCO and the Challenges for Tariff Classification


CHAPTER 3

Legal Certainty and Tariff Classification


CHAPTER 4

The Difficulty of Tariff Classification Due to the Abundance of Sources


CHAPTER 5

The Application of a BTI and the Challenges for Uniformity and Legal Certainty


CHAPTER 6

The Revocation of a BTI and the Challenges from a Legal Certainty Perspective


CHAPTER 7

The Right of Access to Court in Case of Tariff Classification Disputes


CHAPTER 8

Are the Breaches of Legal Certainty Disproportionate


CHAPTER 9

Enhancing the Traders’ Right of Access to Court


CHAPTER 10

Conclusions and Recommendations


Bibliography


Table of Cases


Table of EU Documents

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Are uniformity and legal certainty in EU tariff classification really two sides of the same coin? | Wolters Kluwer Legal & Regulatory