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European Single Market - Essay Example

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This paper attempts to analyze the pros and cons of such an exceptional case, where two member countries impose a restriction on the import of two goods produced by a member nation. Whether such a prohibition was justified under the given circumstances…
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European Single Market
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Download file to see previous pages The Treaty on the Functioning of the European Union is an international treaty between the European Union member states that forms the basis of the EU’s constitutional base. This treaty describes at length the policies, role and functioning of the EU. Chapter 3 of the Treaty on the Functioning of the European Union enumerates the “Prohibition of Quantitative Restrictions between Member States”. The Article 34 under this chapter states that “Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between the Member States.” (Similarly Article 35 prevents the member states from placing similar quantitative restrictions on export of goods). According to the rules of this Article, the member states Ultra and Media were not entitled to place any sort of restriction on Infran’s production of tomatoes and cucumbers.
In a counter argument, the authorities of Ultra and Media could have declared that both of them were justified in prohibiting Infran’s products into their markets, under Article 36 of the Treaty. Article 36 states that “The provisions of Article 34 and Article 35 (regarding quantitative restrictions on export) shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants;…………Such Prohibition or restriction shall not, however constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States”. (The Treaty on the Functioning of the European Union ...Download file to see next pagesRead More
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