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Legal Problems of the Generic Advertising in Agriculture

Author

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  • Avsec, Franci

Abstract

Generic promotion, financed by mandatory assessments from producers, is often an instrument used by the agricultural policy in order to further the demand and to broaden the market of agricultural products. The generic promotion generates also some legal problems. The first among them is the relation between mandatory assessments and the constitutionally warranted freedom of the speech. The most numerous judgments about this issue are found in USA, where the courts have developed various criteria within the theory of »commercial speech« and the theory of »government's speech«. In the European Community (European Union), the Commission as well as the Court of Justice have dealt with the question under what conditions the mandatory assessments for promotion of agricultural products should be qualified as measures, which have equivalent effect as prohibited quantitative restrictions in free movements of goods between Member States, as well as with the problem of products double charged with mandatory assessments for generic promotion, firstly in the Member State of origin, and secondly, in the Member State of destination.

Suggested Citation

  • Avsec, Franci, 2005. "Legal Problems of the Generic Advertising in Agriculture," 2005 Conference: Slovenia in the EU - Challenges for Agriculture, Food Science and Rural Affairs, November 10-11, 2005, Moravske Toplice, Slovenia 183781, Slovenian Association of Agricultural Economists (DAES).
    • Handle: RePEc:ags:slco05:183781
    DOI: 10.22004/ag.econ.183781
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