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European Union Law - Essay Example

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Analysis of a legal problem [CASE 2] Relevant treaty provision The free movement of goods has been a key element in creating and developing the internal market. This principle is laid down by Articles 34, 35 and 36 of The Treaty on the functioning of the European Union (TFEU) and specifically Articles 34, 35 and 36 applies extensively to legal issues that borders on internal markets with emphasis on free movement of goods…
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European Union Law
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Download file to see previous pages In its logical form, the treaty seeks to promote free movement of goods to bridge the cross-border gap that exists between different European Union countries. Even regardless of such laws and treaty, some countries have been found to be putting undue restrictions on fellow European Union countries so that there would be a concentration of market in those countries. The strategy used by those who put the restrictions has been to place huge charges on cross border goods to discourage free movement. In response, Articles 23(1) and 25 (9(1) and 12) ECT of the treaty touches on prohibition of charges having an effect equivalent to that of customs duties, which discourages all such charges to the exclusion of a similar domestic product (European Parliament Fact Sheets, 2012). Relevant primary and secondary legislation From CJ Case 8/74, 11 July 1974, it could be seen that with reference to Olio Nuovo, Article 28(30), ECT of the Treaty on the Functioning on the functioning of the European Union (TFEU) can be applied to its logical conclusion to give him a lot of legal redress to the current situation in which he finds himself. In the first play, there is a primary legislature on the free movement of goods and services within the European Union region (Kuyper, 1993). As a marketer from Greece to Italy, Olio Nuevo is covered by this primary legislation because both countries are within the European Union zone. This is a very strong basis for Nuevo to begin any legal process with an ambition of putting forth legal damages for any losses that he might have recorded. This is because according to the case in which Nuevo finds himself, there is being an unconstitutional attempt of hindering, directly or indirectly, actually or potentially, intra-Community trade, which the European Parliament Fact Sheets (2012), states that “are to be considered as measures having an effect equivalent to quantitative restrictions.” What is more, there are secondary laws such as those that specify the kind of products and materials that could cross European Union neighbouring borders. Examples of such European Union laws are those on the forbidding of arms and drugs trade. Since Nuevo did not attempt to trade any of such illegal products, there also is a very strong legal case to be heard should Nuevo decide to pursue the case to its legal conclusion. Exceptions to the Rule As it is literary said, to every rule there are exceptions. The Treaty on the Functioning on the functioning of the European Union (TFEU), which makes previsions for free movement of trade across European Union members States borders also have its own legal limitation or exceptions as far as the application of the rules are concerned. Under Article 30 (36) of ECT of the treaty, factors such as protection of public health, public morality and public security are all captured as exemptions under which Member States may take personal measures on having effect equivalent to quantitative (European Parliament Fact Sheets, 2012). This means is that the interest of the consumer always comes first when dealing with the movement of good (Eeckhout and Govaere, 1992). The legal implication here is that the host country where Nuevo wants to start ...Download file to see next pagesRead More
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