Discrimination and Free Movement in EC Law

1996 ◽  
Vol 45 (1) ◽  
pp. 82-108 ◽  
Author(s):  
Nicolas Bernard
Keyword(s):  
Free Movement ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Rule Of Reason ◽  
Indirect Discrimination ◽  
Free Movement Of Goods ◽  
Ec Law ◽  
Community Legal Order ◽  
The Eu

Fundamental issues sometimes hide themselves behind what to an untrained eye might look like a technical and somewhat dry debate. Thus, a layman hearing Community lawyers' talk about the legal basis of legislation might be excused for not realising that the issue may be that of the role of the European Parliament in the European Union, and therefore the democratic legitimacy of the EU institutions. The debate about the function of the concept of discrimination in the law on the free movement of goods, services and persons in the Community is one of those discussions which has more to offer than meets the eye. What the debate is really about is the balance of powers between the member States and the Community and the federal nature of the Community legal order as well as, incidentally, the balance between market principles and other values embodied in legislation. Translated by specialists in the free movement of goods in the Community, it has become, in the context of Article 30 of the Treaty: should we read a “rule of reason” within Article 30, or can Cassis de Dijon be explained in terms of indirect discrimination?

20. Free Movement of Goods: Quantitative Restrictions

EU Law ◽  
2020 ◽  
pp. 725-782
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Market Integration ◽  
Free Movement ◽  
The European Union ◽  
European Court ◽  
Equivalent Effect ◽  
Indirect Discrimination ◽  
Free Movement Of Goods ◽  
Broad Interpretation ◽  
The Uk

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination. The UK version contains a further section analysing issues concerning free movement of goods between the EU and the UK post-Brexit.

One and Triune – Mutual Recognition and the Circulation of Goods in the EU

2020 ◽  
Vol 13 (3) ◽  
pp. 7-35
Author(s):  
Luca De Lucia
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Free Movement Of Goods ◽  
The Eu

This article deals with mutual recognition in relation to the free movement of goods and aims to demonstrate that, as a result of harmonisation policies, this principle is not unitary in its design. Focusing in particular on the role of national authorities (or that of other bodies that carry out this same function), it examines three models through which mutual recognition operates. These models are: a) mutual recognition under the Treaty (the European legislator has laid down three different regulations over the years to facilitate the functioning of this mechanism); b) transnational administrative authorisations; c) conformity assessments and certifications of conformity issued by notified bodies. This article first highlights how these models protect the free circulation of goods to varying extents and how they are aimed at coordinating different forms of pluralism: regulatory, administrative and that of the market. Two legislative developments regarding this subject are then briefly discussed. Finally, after having mentioned some consequences of the harmonisation legislation on the principle of mutual recognition, some observations are made about possible research developments in this matter.

Looking Beyond the Greek Crisis

2017 ◽  
pp. 25-39
Author(s):  
Maria Kontochristou
Keyword(s):  
European Monetary Union ◽  
Sovereign Debt ◽  
Debt Crisis ◽  
Democratic Legitimacy ◽  
Sovereign Debt Crisis ◽  
The European Union ◽  
The Media ◽  
Of Greece ◽  
The Eu

The Greek sovereign debt crisis has not only raised concerns about the deficiencies of the European Monetary Union (EMU) and the effects of the Eurozone crisis on member states' politics and administration, but also has challenged the establishment of the Eurozone itself. The crisis has revealed a lack of democratic legitimacy whereas has severely questioned ‘Europeanness'. The chapter examines solidarity as one of the fundamental principles of the European Union (EU) and pylons of the European society and identity. In particular, the chapter discusses the concept of solidarity within the EU and examines the role of discourse at the EU level. Especially, it examines what type of discourse the EU political elites and the media have engendered regarding European solidarity in the case of Greece.

19. Derogation from the free movement of goods

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Rule Of Reason ◽  
Free Movement Of Goods

This chapter examines the provisions of Article 36 of the Treaty on the Functioning of the European Union (TFEU) containing the derogation from the free movement of goods. It identifies the grounds for derogation under Article 36 TFEU, and considers proportionality and disguised restriction on trade. It also discusses the Court of Justice's (CJ) jurisprudence on the rule of reason.

scholarly journals Regulating Free Movement of Goods within the European Union

2018 ◽  
Vol 21 (35) ◽  
pp. 61-77
Author(s):  
Daniel Berlingher
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
Critical Element ◽  
The European Union ◽  
Legal Provisions ◽  
Free Movement Of Goods ◽  
Globalized World ◽  
Present Text

Abstract The principle of the free movement of goods in one of great importance for the European Union and for in general and for the Internal Market and the European citizens in particular. Starting from the fact that the Internal market is considered to be a critical element for the present and future prosperity of the European Union in a globalized world, the objective of the present text is to present and analyse, in a concise manner, the main legal provisions that govern this field. In order to accomplish this objective we made reference to the following aspects: considerations regarding the role and importance of the free movement of goods in the European internal market; the role of the European Commission within the internal market and implicitly for the free movement of goods; Treaty provisions governing the free movement of goods; and related instruments of secondary law related to the free movement of goods.

scholarly journals 'Communicating Europe': The Role of Organised Civil Society

2008 ◽  
Vol 4 (1) ◽  
pp. 18-31
Author(s):  
Elizabeth Monaghan
Keyword(s):  
European Union ◽  
Civil Society ◽  
Empirical Research ◽  
Communication Strategy ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Interest Representation ◽  
Long Line ◽  
The Eu

The European Commission’s new ‘communication strategy’ has been presented as a radically new way of bridging the gap between the citizens of the member states and the European Union (EU) institutions. However it should also be seen as the latest in a long line of attempts to solve the problems of democratic legitimacy from which the EU is said to suffer. The rhetoric of the strategy is infused with highly commendable objectives and desirable principles stating how effective communication can help the EU connect more closely with citizens, and calling upon all relevant stakeholders – specifically civil society – to contribute to this project. Democratic theories of civil society provide support for the idea that civil society can play a linkage role between citizens and political structures. But empirical research on processes of interest representation in the EU casts doubt on whether organisations purporting to represent various strands within European civil society are able and willing to help bring citizens and the EU closer together. Turning the empirical focus to the organisations themselves it becomes apparent that simply invoking civil society involvement in ‘communicating Europe’ is not a sufficient guarantee of success. Instead, the nature of the communication activities, the characteristics of the organisations in question, and the issue of funding all have implications for the role of civil society in communicating Europe.

13. Free Movement of Goods I

2021 ◽  
pp. 499-556
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Market Access ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Fundamental Freedom ◽  
Free Movement Of Goods ◽  
Constitutional Regime ◽  
The Eu

This chapter analyses the constitutional regime of ‘negative integration’ in the context of the free movement of goods. The free movement of goods has traditionally been the most progressive fundamental freedom within the internal market. The negative integration regime for goods is split over two sites within Part III of the Treaty on the Functioning of the European Union (TFEU). And with regard to goods, the EU Treaties further distinguish between fiscal restrictions and regulatory restrictions. The fiscal restrictions include pecuniary charges that are imposed on imports or exports (customs duties and discriminatory taxation), while the regulatory restrictions include non-tariff measures that limit market access by ‘regulatory’ means. The chapter then looks at possible justifications for such regulatory restrictions.

Labour Rights as Human Rights: Implications for Employers’ Free Movement in an Enlarged European Union

2007 ◽  
Vol 9 ◽  
pp. 357-386 ◽  
Author(s):  
Tonia Novitz
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Free Movement ◽  
The European Union ◽  
Labour Rights ◽  
European Court ◽  
The Right ◽  
Ec Law ◽  
The Eu

This chapter considers the legal status of labour rights as human rights within the European Union (EU) and the implications that this may have for free movement provisions under European Community (EC) law. This is not by any means a new subject for analysis and reflection, but has been of particular concern since the fifth enlargement of the EU which commenced in 2004. It is in this context that we have witnessed significant litigation before the European Court of Justice concerning the scope of the right to strike, and widespread protest concerning the adoption of a new Directive on Services in the Internal Market.

9. Free movement of goods (I): the abolition of customs duties and internal taxation

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Free Movement ◽  
Customs Union ◽  
The European Union ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter reviews the law on the free movement of goods in the EU. It discusses the following: the customs union; the free movement of goods provisions in the Treaty on the Functioning of the European Union; customs duties and common customs tariffs; charges having equivalent effect to a customs duty; and charges falling within the scope of internal taxation.

5. Free movement of goods

2020 ◽  
pp. 90-120
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 (ex Article 25 EC) prohibits customs duties and charges having equivalent effect; Article 34 (ex Article 28 EC) prohibits quantitative restrictions and all measures having equivalent effect; and Article 110 (ex Article 90 EC) prohibits discriminatory national taxation.

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