The Free Movement of Goods

2018 ◽  
pp. 754-797
2020 ◽  
Vol 26 (2) ◽  
pp. 217-223
Author(s):  
Ioan-Gabriel Popa

AbstractIn order to understand the principles of public procurement in Romania, it is necessary to analyze, on the one hand, the European directives that regulate the actual public procurement and, on the other hand, the context in which the European directives were adopted. Even with the directives in force, the more general provisions contained in the Treaty of the European Economic Community (EEC) in Rome, hereinafter referred to as the Treaty, are applied, as well as many more general principles of law that will guide the interpretation of these directives. The Treaty was adopted in Rome, in 1957 and became applicable from January 1, 1958. It is considered that the source of the principles of public procurement is the Treaty. Even if in Treaty contained no specific provisions regarding the field of public procurement, it reflects the principles and the general framework for the functioning of the single market, a market characterized through the prism of the fundamental freedoms established by the Treaty: the free movement of goods, services, capital and persons. As the field of public procurement is closely linked to the free movement of goods, this principle is promoted and implemented in the practice of this field based on the regulations, directives and decisions of the Community institutions. The role of the free movement of goods is to harmonize the relationships involved in the process of purchasing goods, but also to ensure the homogeneity, coherence and balance of this process.


Author(s):  
Robert Schütze

European Union Law uses a distinctive three-part structure to examine the constitutional foundations, legal powers, and substantive law of the European Union. This third edition includes an updated dedicated chapter on the past, present, and future of Brexit. Part I looks at the constitutional foundations including a constitutional history and an examination of the governmental structure of the European Union. Part II looks at governmental powers. It covers legislative, external, executive, judicial, and limiting powers. The final part considers substantive law. It starts off by examining the free movement of goods, services, and persons. It then turns to competition law and finally ends with an analysis of internal and external policies.


2017 ◽  
Vol 7 ◽  
pp. 249-267
Author(s):  
Miłosz Malaga ◽  
Anna Wilińska-Zelek

In this article we examine the notion of ‘harmonisation’ in its interplay with the application of provisions on the free movement of goods. Due to the introduction of the European unitary patent protection system, we are witnessing the first cases of adopting enhanced cooperation in the internal market. This fact raises new, systemic questions concerning the concept of ‘harmonisation’ in European Union law. Are only legal, substantive aspects covered by its definition or should the territorial range of a legal act be taken into account? If yes – to what extent? Since the adoption of enhanced cooperation covers the field of intellectual property rights, the above questions concern the relationship between exercising those rights on the one hand and the principle of free movement on the other. A closer look at this matter leads to the conclusion that the unitary patent might not provide the solution to one of the problems that created for. More generally, in this article we conclude that when defining the concept of ‘harmonisation’, one should take its territorial scope into account narrowly, so as not to infringe the principles of EU law.


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