Property Rights And The EU By Jonathon Hardcastle

The European Community (also referred to as the European Economic Community) has as its task the establishment of a common market and the progressive approximation of the economic policies of Member States. The term common market has been defined as an area, which consists of two or more Member States that abolish tariffs and other trade barriers in their mutual trade, set-up a Common External Tariff with third non-EU countries and apply the principle of the free movement of the sources of production (goods, labor, capitals) within the territory of that area.

One of the fundamental principles of the European Union is the free movement of goods between Member States. Thus, Member States are prohibited from imposing any restriction on imports or exports might hinder the free movement unless EC Law allows it. The European Union's Institutions through their instruments and law regulations strive to develop a free commercial network that does not suffer from custom duties, quantitative restrictions, or other charges having equivalent effect on imports or exports.

While Member States impose these kinds of restrictions in order to protect their own interests, the Court of Justice, through its decisions, acts to ensure that EC Laws are applied. Free movement of goods means in practice that no regulations or restrictions take place on Member States' borders as Articles 25, 28 & 29 (ex Articles 12, 30 & 34) prohibit them. Specifically, while European Union Members try to impose restrictions of non-pecuniary or pecuniary nature on borders, the Court of Justice acts a 'guard' by examining the legal basis and the purpose of the charge imposed.

Such restrictions or prohibitions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. A Member State may have resource to Article 30 (ex Article 36) of the Treaty providing for the said exceptions to justify a measure having equivalent effect to quantitative restriction on imports or exports only if no other measure, less restrictive from the point of view of the free movement of goods, is capable of achieving the same objective.

Although the Treaty does not provide any exceptions, the Court has held in the past, that charges levied for tasks required by EC Law or charges for services rendered, do not breach Article 25 (ex Article 12). Regarding Articles 28 & 29 (ex Articles 30 & 36), the Court has introduced an exception called the Rule of Reason. It permits that restrictions can be imposed on goods as long as the Court of Justice allows them.

Concluding, the burden of proof that a measure is justified lies on the Member State's concern and on the Court of Justice's decision. In the case of industrial and commercial property rights litigation between private parties, the burden lies on the party seeking to oppose the importation or sale of the product concerned. Save measures relating to the protection of public policy or public morality, the adoption of other measures banning circulation of products and being able to jeopardize the free movement of goods lawfully marketed in another Member State, obliges the Member States concerned to exchange information with the Commission so that the latter to be enabled to manage such measures affecting the free movement of goods and settle satisfactorily for business and consumers any problems arising in connection with the internal market.

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Protecting Against Identity Theft By Jonathon Hardcastle

Identity theft is a horrible problem. Those whose identities are stolen must go through so much legwork just to get their lives back on track. The worst part about identity theft is the fact that so many people believe that it could never happen to them. In all honesty, they could be no further from the truth. More than 500,000 American citizens' identities are stolen per year, and we've written this article to provide some tips when it comes to protecting your identity.

- First and foremost, you need to make sure that you keep your social security number safe. Your credit reports and bank accounts are linked to your social security number, and if an identity thief has that information, their work is made a lot easier.

- Next, you need to regularly monitor your credit report. It contains all the information that you need when it comes to determining whether or not someone has stolen your identity. Bank statements, account closings and openings, as well as your account numbers are located on your credit report, and it can be a great tool to defend against identity theft.

- When you get offers for credit cards and bank accounts in the mail, it is important to shred them immediately. They contain information about you and if they are not properly destroyed, would-be thieves can easily send in the information to create an account for themselves, wreaking havoc upon your financial records. Be sure to use a shredder that employs a cross-cutting technique, as they are much more capable when it comes to destroying documents.

- Only carry credit cards and other cards with your personal information with you when it is absolutely necessary. Things happen, and you may lose your wallet or purse. You don't want to put all your eggs in one basket; a found wallet can provide an identity thief with all they need to steal your information.

Following these steps can be a great way of protecting yourself against the perils of identity theft. It's a problem that can stick with you and your credit score for life, so it is of great importance to keep your information safe.

Resource: http://www.isnare.com/?aid=93370&ca=Finances

Small Business Tax Tips By Jonathon Hardcastle

Any small business owner knows that they may live or die by the financial decisions that they make. While many cut corners by making prudent purchase decisions, few realize the opportunities that are available to them when it comes to working out the taxes for their business. In this article, we'll give you some tips to help you realize the best ways to optimize your taxes.

- One interesting write-off that many small business owners fail to realize is their health insurance. The taxing laws dictate that self employed people may write off a full sixty percent of their health insurance costs, saving them potentially thousands of dollars. In addition, medical savings accounts can be set up and the contributions made up until April 17th are considered by the IRS.

- When considering employees for your business, think family first. If there are people in your family that can help you to operate the business, you can allow them to take on some of the income of the business, allowing you to put your earnings into lower tax brackets, assuming the relative performs some type of service to the business.

- Another aspect often neglected by uninformed small business owners is the prospect of a retirement fund. You can contribute to a qualified self retirement fund which is completely tax deductible in your returns.

- The first year expense limitation for any small business is now $19,000. Don't forget to write off any business-related practices, including taking potential clients to lunch, or golfing, or whatever situation may merit as an expense. One technique often employed when it comes to lessening the taxes that you face is to buy supplies that you know that the office will need in the coming year early so that you can write them off. While it's not a permanent solution, it can defer the damage your taxes do to you.

Keeping track of your financial records and keeping a clear separation between expenses made for yourself and those made for your business can really ease your struggle come tax time. Being organized and having a plan can save you both time and all-important money.

Resource: http://www.isnare.com/?aid=93669&ca=Finances