scholarly journals THE FREE MOVEMENT OF GOODS IN THE EUROPEAN UNION AND THE LIMITATION OF RENEWABLE PROMOTION SCHEMES TO THE MEMBER STATES OWN TERRITORY

2002 ◽  
Vol 16 (02) ◽  
Author(s):  
LUIZ EDUARDO DINIZ ARAUJO
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Free Movement Of Goods

Preamble/Recitals

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
Goods And Services ◽  
Free Movement Of Goods ◽  
The Creation

CONSIDERING that cooperation amongst the Member States of the European Union in the field of patents contributes significantly to the integration process in Europe, in particular to the establishment of an internal market within the European Union characterised by the free movement of goods and services and the creation of a system ensuring that competition in the internal market is not distorted;

17. Customs union

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Free Movement ◽  
Customs Union ◽  
The European Union ◽  
Member States ◽  
Equivalent Effect ◽  
Free Movement Of Goods ◽  
The Creation ◽  
Taxation System

This chapter examines the creation of the customs union to ensure free movement of goods within the European Union, discusses the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), and considers the prohibition on customs duties and on discriminatory taxation. It explains that the prohibition on discriminatory taxation serves to prevent Member States from circumventing the prohibition on customs duties by discriminating against imports via their internal taxation system. The chapter also highlights criticisms of the Court of Justice’s (CJ) approach to customs duties and measures having an equivalent effect.

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.

11. Free movement of goods II: non-tariff barriers

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Commission ◽  
European Court Of Justice ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Goods

This chapter examines European Union (EU) law concerning non-tariff barriers to free movement of goods. It describes member states’ attempts to influence imports and the way the European Commission and the European Court of Justice (CoJ) handled these issues. This chapter explains the provisions of the relevant legislation for non-tariff barriers, which include Articles 34, 36, and 35 of the Treaty on the Functioning of the European Union (TFEU). It also analyses example cases including ‘Dassonville’, ‘Cassis de Dijon’, and ‘Keck’.

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.

European Union Law

2021 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Competition Law ◽  
Free Movement ◽  
The European Union ◽  
Constitutional History ◽  
European Union Law ◽  
The Past ◽  
Part Structure ◽  
Free Movement Of Goods ◽  
Substantive Law

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.

The Google Ireland Case and the Legal Battle over Digital Taxes in the European Union

2021 ◽  
Vol 14 (1) ◽  
pp. 209-220
Author(s):  
Giulio Allevato ◽  
Fernando Pastor-Merchante
Keyword(s):  
European Union ◽  
Digital Economy ◽  
Free Movement ◽  
Preliminary Ruling ◽  
The European Union ◽  
Topical Issue ◽  
Member States ◽  
Court Of Justice ◽  
Legal Battle ◽  
The Way

The preliminary ruling of the Court of Justice of the European Union in the Google Ireland case turned on the compatibility with the rules on free movement of some of the administrative arrangements put in place by Hungary in order to administer its controversial advertisement tax (namely, the obligation to register and the penalties attached to the failure to comply with that obligation). The preliminary ruling offers some interesting insights on the way in which the Court assesses the compatibility with the freedom to provide services of national administrative arrangements aimed at ensuring the effective collection of taxes. This is a topical issue in the context of the recent efforts made by Member States to tax the digital economy more effectively.

Forum Choice in the Area of Freedom, Security, and Justice

2018 ◽  
Author(s):  
Angelo Marletta
Keyword(s):  
European Union ◽  
Free Movement ◽  
Mutual Trust ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
Policy Goals ◽  
Free Movement Of Persons ◽  
The Eu

The European Union (EU), as unprecedented institutional and polity project, is responsible for the fulfilment of a set of policy goals that go beyond the mere sum of the interests of its Member States. The establishment of an ‘area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to . . . the prevention and combating of crime’ is probably one of the most demanding goals of the integration process, whose fulfilment requires commitment to coherent action on several levels: vertically, between the EU and the Member States, through incorporating the implementation of the Treaty objectives in the development of their respective criminal policies, and horizontally, between the Member States themselves, by developing mutual trust.

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