10. Internal Market: Goods II

2020 ◽  
pp. 236-255
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Specific Area ◽  
Internal Market ◽  
Legal Order ◽  
The European Union ◽  
General Internal ◽  
Tax Harmonization ◽  
Free Movement Of Goods ◽  
The Relationship ◽  
The Eu

This chapter studies the constitutional principles and limits governing positive integration in the context of the free movement of goods. It analyses the scope and nature of the general internal market competence(s): Articles 114 and 115 TFEU. Articles 114 and 115 TFEU provide the European Union with an—almost—unlimited competence to harmonize national laws that affect the establishment or functioning of the internal market. The chapter then looks at the relationship between Article 114 and other legislative competences within the EU legal order. It also investigates the extent to which Member States can derogate from harmonized Union standards. Finally, the chapter focuses on a specific area of Union harmonization: tax harmonization.

14. Free Movement of Goods II

2021 ◽  
pp. 557-596
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
General Internal ◽  
The Common ◽  
Free Movement Of Goods

This chapter examines the constitutional principles governing positive integration. It begins by analysing the scope and nature of the two general internal market competence(s): Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU). The European Union has an—almost—unlimited competence to harmonize national laws that affect the establishment or functioning of the internal market. The chapter then looks at the more limited special competences given to the Union in Articles 113 and 118. It also investigates how the Union can use its internal market competences via distinct harmonization methods. Finally, the chapter offers an excursion into a particular, yet fundamentally important, aspect of positive integration in the internal market: the Common Agricultural Policy.

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.

Great Britain after Brexit: EU and Russia

2020 ◽  
pp. 34-42
Author(s):  
M. Vitrik ◽  
K. Kuznetsova
Keyword(s):  
European Union ◽  
Great Britain ◽  
Future Development ◽  
Internal Market ◽  
The European Union ◽  
Mutual Cooperation ◽  
Diffi Cult ◽  
The Uk ◽  
The Relationship ◽  
The Eu

The article deals with the problem of the consequences of Brexit, the UK is interested in maintaining access to the Single internal market of the European Union, highlights options for further participation of the UK in the integration processes in Europe, describes possible ways of the future development of the situation. The analysis has shown that it is diffi cult to fi nd an option that would satisfy both the EU and the UK. Special attention is paid to the relationship between Russia and the UK after Brexit. The authors conclude that Russia is in favor of establishing relationship with the UK, but everything will depend on further decisions of the EU and the UK regarding their mutual cooperation.

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.

5. Free movement of goods

2018 ◽  
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.

14. Introduction to the internal market

2020 ◽  
pp. 327-339
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Internal Market ◽  
Social Aspect ◽  
The European Union ◽  
The Social ◽  
The Common ◽  
Policy Fields ◽  
The Relationship ◽  
The Eu

The creation of the internal market is one of the central purposes of the European Union (EU). This chapter examines the common themes that affect the four freedoms which constitute the internal market in the EU: the free movement of goods, of people and of capital; and the freedom to provide services. It analyses the relationship between these four freedoms and highlights the role of the Court of Justice (CJ) in defining the freedoms’ scope, particularly as regards the social aspect of these freedoms. The chapter also suggests that these freedoms have operated to limit Member States’ regulatory freedom in wide-ranging policy fields.

Free Movement of Goods and Environmental Protection in EU Law: A Troubled Relationship?

2013 ◽  
Vol 15 (2) ◽  
pp. 171-201 ◽  
Author(s):  
Charles Poncelet
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Free Movement Of Goods ◽  
The Relationship

Abstract This article examines the relationship between the principle of free movement of goods and the protection of the environment under the umbrella of European Union (EU) law. It will be discussed whether Member States are suitably provided with legal means which enable them to take due account of environmental circumstances when they take measures which have an impact on the circulation of goods within the internal market. To this end, the relevant provisions of the Treaty on the Functioning of the European Union (TFEU) will be critically analysed in the light of their interpretation by the Court of Justice of the European Union (CJEU) over the last decades. Particular emphasis will be given to a recent decision of the CJEU which has shed new light on this subject.

scholarly journals Environmental Production Efficiency in the European Union Countries as a Tool for the Implementation of Goal 7 of the 2030 Agenda

Energies ◽  
2021 ◽  
Vol 14 (15) ◽  
pp. 4593
Author(s):  
Katarzyna Cheba ◽  
Iwona Bąk
Keyword(s):  
European Union ◽  
Production Efficiency ◽  
Energy Use ◽  
The European Union ◽  
2030 Agenda ◽  
European Union Countries ◽  
Taxonomic Methods ◽  
Development Levels ◽  
The Relationship ◽  
The Eu

The main purpose of the paper is to present a proposal to measure the relationships between Goal 7 of the 2030 Agenda for Sustainable Development and one of the areas considered in the green growth concept: environmental production efficiency. Both of these areas illustrate the relationship between the natural environment and the economy, emphasizing transformations in the field of energy use. Selected taxonomic methods, TOPSIS, and multicriteria taxonomy, were applied to study the relationships between the two areas. The results of the EU countries classification showed a variety of countries’ development pathways within a single economic community. Despite continued attempts to equalize the development levels between European Union countries in many strategic areas, they remain highly diversified. That is also true for the areas analyzed in the paper, which is a disturbing situation, indicating that both strategies might not correlate in all respects. Further research into the relationships linking the remaining dimensions of both strategies is required.

Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union

2009 ◽  
Vol 2 (3) ◽  
pp. 257-284 ◽  
Author(s):  
Christof Mandry
Keyword(s):  
European Union ◽  
Political Identity ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
The Self ◽  
Reform Process ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.

scholarly journals The European Union and WTO law: a nexus of reactive, coactive, and proactive approaches

2007 ◽  
Vol 6 (1) ◽  
pp. 45-87 ◽  
Author(s):  
ANTONIS ANTONIADIS
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Political Institutions ◽  
Legal Order ◽  
The European Union ◽  
Comprehensive View ◽  
Court Of Justice ◽  
Community Legal Order ◽  
The Eu

Ranging from the denial of direct effect to WTO law by the Court of Justice to a WTO-friendly legislative culture currently booming in the EU's political institutions, different approaches towards WTO law have been adopted within the EU. This article classifies the different approaches into reactive, coactive, and proactive by drawing on their common characteristics. The principal aim is to explore the considerations shaping the development of the different approaches and to argue that these stem from the interaction between the judiciary and the legislature. In doing so, this article purports to provide a comprehensive view of the application of WTO law within the Community legal order.

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