Эссе на тему Do current rules on the free movement of goods leave enough room for EU Member States to accommodate national policies?

Содержание:

Introduction 3
1. Soapboxie»Economy European Union: Free Movement of Goods 4
2. Case 8
Conclusion 21
Bibliography 22

Введение:

Rules abolishing quantitative restrictions have been essential to the development of the single market in Europe.The free movement of goods is a hugely successful program which has integrated the economies of Europe.It enables any trader or manufacturer in any part of the E.U. to export their goods unhindered to any other Member State in the E.U. For example, German sausage-makers in Bavaria can export their products to any other Member State without trade being impeded by national tariffs.
The prohibition of discriminatory taxation, abolition of customs duties and removal of other administrative rules and barriers which hinder the free movement of goods have been tackled by Articles 34 and 35 of the Treaty on the Functioning of the European Union (TFEU).Articles 34 and 35 can be used to strike down national legislation which impedes the free movement of goods.This is a process known as ‘negative harmonisation.’

Заключение:

State monopolies are defined as further obstacles to the free movement of goods in the TFEU. A State monopoly is one where a Member State has restricted the right to sell particular goods to one body. Article 37 of the TFEU deals with State monopolies when it states:
Member States shall adjust any State monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.
Article 37 does NOT prevent new monopolies from being created, however if they are they must be compatible with the provisions of the FMOG.

Фрагмент текста работы:

1. Soapboxie Economy European Union: Free Movement of Goods

This guide to the application of Treaty provisions governing the free movement of goods is intended to provide an insight into past developments and new challenges from a legal practitioner’s point of view in an area that is fundamental to European integration. The internal market for goods has become one of the success stories of the European project and remains a major catalyst for growth in the European Union (EU).
While the guide is not the fi rst of its kind, previous editions were primarily drafted as a practical means for candidate countries and/or national authorities to familiarise themselves with the concept of Articles 28 to 30 of the EC Treaty. The present version is more detailed. It refl ects the working experience of the Commission service responsible for the application of Treaty provisions governing the free movement of goods (*) and provides a picture of the trade barriers that were and still are encountered in practice. The guide summarises the relevant case-law and supplements it with comments, although it does not claim to provide exhaustive coverage of the topic. It is intended more as a workbook highlighting questions that have emerged in the course of the practical application of these Treaty provisions and providing answers.
The guide may prove useful for the national administrations of the Member States, both with respect to the existing regulatory environment and when drafting new national legislation. Legal practitioners counselling clients on internal market questions may also benefi t from some guidance in the non-harmonised area. Finally, the internal market has always generated interest from third countries that were keen to understand the legal framework of the European market and learn from the European experience in the past 50 years. This guide may provide some useful insights in this respect.
The guide refl ects the law and case-law as it stood on 31 December 2009 EU legislation and judgments of the Court can be found in EUR-Lex. Judgments issued since 17 June 1997 are also available on the webpage of the Court of Justice. The guide is not a legally binding document and does not necessarily represent the offi cial position of the Commission.
Following the entry into force of the Lisbon Treaty, the EC Treaty has been amended and renamed the Treaty on the Functioning of the European Union (TFEU). The provisions on the free movement of goods (ex Articles 28–30 EC) have remained unchanged, but received a new numbering as Articles 34–36 TFEU. Other articles have also had their numbering changed. The present guide will use this new numbering of the TFEU, also when referring to judgments of the Court of Justice rendered under the EC Treaty.