6. The Free Movement of Goods

2020 ◽  
pp. 119-138
Author(s):  
Nigel Foster
Keyword(s):  
Free Movement ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the free movement of goods in the EU. The questions focus on charges and measures having equivalent effect, the restrictions allowed under Art 36 TFEU, and the principles of law which have emerged from the case of Cassis de Dijon and subsequent cases. The significance of the judgment of the Court of Justice in Keck is addressed.

6. The Free Movement of Goods

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Free Movement ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the free movement of goods in the EU. The questions focus on charges and measures having equivalent effect, the restrictions allowed under Art 36 TFEU, and the principles of law which have emerged from the case of Cassis de Dijon and subsequent cases. The significance of the judgment of the Court of Justice in Keck is addressed.

Concentrate Questions and Answers EU Law

2020 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Sex Discrimination ◽  
Free Movement ◽  
Eu Law ◽  
Eu Member States ◽  
Court Of Justice ◽  
Wide Range ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
Legislative Processes ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. Concentrate Q&A EU Law looks at a wide range of up-to-date issues relating to EU law, starting with the origins, institutions, and development of the EU communities and the legislative processes. Chapters then look at the sources and forms of EU law, supremacy of EU law, and the reception of the law in the EU Member States. The chapter on Supremacy will also consider Brexit, but the extent to which that will be covered will be determined by just how far the exit negotiations have themselves progressed. The Court of Justice has a chapter devoted to it. The book then considers the free movement of goods and persons. Finally, the text turns to competition and merger law and sex discrimination and equality law.

6. The Free Movement of Goods

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Free Movement ◽  
Equivalent Effect ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the free movement of goods in the EU. The questions focus on charges and measures having equivalent effect, the restrictions allowed under Art 36 TFEU and the principles of law which have emerged from the case of Cassis de Dijon and subsequent cases.

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

2021 ◽  
pp. 300-321
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Free Movement ◽  
Customs Union ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter introduces 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 TFEU; customs duties and common customs tariffs; charges having equivalent effect to a customs duty, and charges falling within the scope of internal taxation.

Goods, Persons, Services and Capital in the European Union: Jurisprudential Routes to Free Movement

2010 ◽  
Vol 11 (2) ◽  
pp. 159-209 ◽  
Author(s):  
Tim Connor
Keyword(s):  
European Union ◽  
Market Access ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
National Rule ◽  
Free Movement Of Goods ◽  
National Measure

This Paper considers the jurisprudence of the Court of Justice in relation to the free movement provisions of European Community law in relation to goods, persons, services and capital within the European Union. It examines the bases used by the Court in its application of Community free movement provisions to national measures that may seek to hinder the exercise of such rights. From limited enquiry originally founded on considerations of non discrimination based on nationality, to one most recently focussed on the ‘restriction’ to the free movement right, the Paper examines the methods employed by the Court of Justice in its scrutiny of the national measure appearing to conflict with Treaty free movement rights.The examination of the applicable free movement jurisprudence attempts to demonstrate the want of a thematically consistent underpinning within free movement case law. The Paper draws attention to the complexities and even the confusions that appear to be inherent within free movement jurisprudence and arguably evidenced within the Court's journey from ‘discrimination’ to ‘restriction’ as the basis of the enquiry with regard to the application of Treaty free movement rights. In its consideration of Case C-110/05Commission v Italy, Case C-142/05Åklagaren v. Percy Mickelsson v. Joakim Roos, recent jurisprudence with respect to the free movement of goods, the Paper notes that in the context of the ‘measure having equivalent effect’, the emphasis in the assessment of the national rule has shifted to an examination of the effect on market access, rather than a distinction based on the type of rule.

10. Free movement of goods (II): quantitative restrictions and measures having equivalent effect

2021 ◽  
pp. 322-362
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Technical Standards ◽  
Equivalent Effect ◽  
Standards And Regulations ◽  
Free Movement Of Goods ◽  
The Law ◽  
The Eu

This chapter discusses the non-pecuniary obstacles to the law on the free movement of goods in the EU. It discusses the following: prohibition of quantitative restrictions and measures having equivalent effect; grounds of derogation under Article 36 TFEU; indistinctly applicable measures and mandatory requirements, Cassis de Dijon and developing the list of mandatory requirements; principles of mutual recognition and equivalence; Case C-267 and 268/91 Keck and Mithouard (1993) and certain selling arrangements; presentation requirements; the conditions in Keck and the difficulties in finding a consistent rule; the blurred distinction between Article 36 TFEU and ‘mandatory requirements’; Article 35 TFEU; and Directive 98/34 on the provision of information in the field of technical standards and regulations.

Concentrate Questions and Answers EU Law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Sex Discrimination ◽  
Eu Law ◽  
Community Law ◽  
Eu Member States ◽  
Court Of Justice ◽  
Wide Range ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
Legislative Processes ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. Concentrate Q&A EU Law looks at a wide range of up-to-date issues relating to EU law, starting with the origins, institutions, and development of the EU communities and, the legislative processes. Chapters then look at the sources and forms of Community law, supremacy of EU law, and the reception of the law in the EU Member States. The chapter on Supremacy will also consider Brexit, but the extent to which that will be covered will be determined by just how far the exit negotiations have themselves progressed. The Court of Justice has a chapter devoted to it. Next the book looks at the free movement of goods and persons. Finally, the text turns to competition and merger law, and sex discrimination, and equality law.

Concentrate Questions and Answers EU Law

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Sex Discrimination ◽  
Legislative Process ◽  
Eu Law ◽  
Community Law ◽  
Eu Member States ◽  
Court Of Justice ◽  
Wide Range ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. Concentrate Q&A EU Law looks at a wide range of up-to-date issues relating to EU law, starting with the origins, institutions, and development of the EU communities, the legislative process, and budgets. Chapters then look at the sources and forms of Community law. The book examines the supremacy of Community law and the reception of the law in the EU member states. The Court of Justice has a chapter devoted to it. Next the book looks at the free movement of goods and persons. Finally the text turns to competition and merger law, and sex discrimination and equity law.

The British and French Systems of Control of the Export of works of Art

1996 ◽  
Vol 45 (3) ◽  
pp. 557-591 ◽  
Author(s):  
Michael Polonsky ◽  
Jean-François Canat
Keyword(s):  
European Community ◽  
Free Movement ◽  
Customs Union ◽  
Court Of Justice ◽  
Works Of Art ◽  
European Court ◽  
Equivalent Effect ◽  
Treaty Of Rome ◽  
The Subject ◽  
Free Movement Of Goods

Article 9 of the Treaty of Rome, as amended by the 1992 Treaty on European Union (the Maastricht Treaty), declares that the European Community “shall be based upon a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect”.1 The principle was thereby established of the free movement of goods within the European Community. The Treaty does not define “goods” for the purposes of the Articles (9 to 37) which make up the Title dealing with “Free Movement of Goods”, but the European Court of Justice has held that “goods” means “products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions”. From this it is clear that works of art are included in the “goods” that are intended to circulate freely within the Community.

scholarly journals The Ambiguous Relationship Between the EU and its Internal Borders

2020 ◽  
Vol 1 (2) ◽  
pp. 64-70
Author(s):  
Aude Bouveresse
Keyword(s):  
Case Law ◽  
Free Movement ◽  
Freedom Of Movement ◽  
Court Of Justice ◽  
European Court ◽  
European Citizenship ◽  
Free Movement Of Goods ◽  
The Individual ◽  
European Citizen ◽  
The Eu

      The free movement of EU citizens within the Union reveals the ambiguous relationship between the EU and borders. While the functioning of the internal market is essentially based on freedom of movement and implies the elimination of borders as barriers to trade, the freedom of movement of the European citizen remains defined largely within the conceptual framework of borders, since nationality is a prime requirement for European citizenship. Inside the EU, as this article highlights, borders are necessary and problematic at same time. The Court has played with the concept of borders to address these ambiguities with a view to deepening integration. The conclusion is that if the Court has been able to effectively remove obstacles related to internal borders concerning the free movement of goods and the movement of active economic persons, such has not been the case for the free movement of European citizens, economically inactive. It follows from the division of competences and the case law of the European judges that solidarity remains intrinsically linked to nationality and therefore inevitably leads to the re-establishment of borders and the separation of peoples. This demonstrates the resistance of the “paradigm of a European market citizenship”. By revaluing nationality in the context of the enjoyment of the rights linked to citizenship, the European Court of Justice could hamper the integration process by renationalising the individual and establishing new borders.

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