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EC LAW - Case Study Example

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This work called "EC LAW" describes the aspects of the European Court of Justice, various cases. The author outlines the relationship with Swedish law, the case of the traditional English garden products, problems that can occur dealing with business. …
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EC LAW
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Download file to see previous pages Another example that may be cited is the decision of the European Court of Justice in the case of Commission v United Kingdom in which no system of worker representation existed under the UK legal framework but the State was required to create one under two European Directives which “require[d] the Member States to take all measures necessary to ensure that workers are….in a position to intervene through their representatives……” Case law has established that in all such matters which were once in the province of national law, it is now EC law that will pre-empt national laws, despite the principle of subsidiarity that was initially intended to allocate power to the smaller unit – i.e, the States.
Applying this, Sweden has the right to impose the restriction of health checks on gelatine which is a consumable product and could pose health risks, which would be a valid exclusion under Article 30 of the EC Treaty. As pointed out by Bernard, the belief that Article 30 moves beyond the free movement of goods and services and prohibits non-discriminatory obstacles to free movement has been eschewed in the light of case law. However, the question of whether the payment being charged for the health checks could be held to restrict market access is a debatable one, because the same payment is also required from domestic producers of gelatine, therefore the requirement is being applied across all states, which is a valid exercise of EC law. Hence the Swedish law is compatible with EC law.
Finnish law allows the sale of blood pressure monitors only in pharmacies, therefore in effect, it is indirectly favoring Finnish manufacturers who will find it easier to transport and market the goods by placing them in pharmacies, as opposed to companies from other countries. The question that must be posed therefore is whether the requirement under Finnish law is valid and sustainable under Community law that that needs to allow for free movement of goods within the European Union? It may be noted that case law has established that in all such matters which were once in the province of national law, it is now EC law that will pre-empt national laws. For example in the case of R v Ministry of Agriculture para 18 clarifies that it would not be possible for a Member State to assert its law where an EU Community Directive with a different objective exists - a Directive that has been established for the harmonizing of relevant measures between nations. The goal of the EC has been to introduce standards that will be acceptable to all countries within the European Union; hence any move to impede the free movement of goods and people within the European common market could be found incompatible with EC law. The Finnish law requirement may not have enough backing to be sustainable under EC law. ...Download file to see next pagesRead More
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