Nobody downloaded yet

General Principles of Law in the Eu - Essay Example

Comments (0) Cite this document
The four freedoms that had been established by the Treaty of Rome have had marked impact on the Member states. Our concern would be to look at the position that has been adopted with regards to the free movement of goods. The Single European Act 1986 used the term 'internal market' rather than the previously cited term 'a common market' This has clearly led the member states to understand not only is there a requirement for abolition of duties and obstacles for goods crossing frontiers, there is now the requirement of a single market which can only be attained through negative harmonization.
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.8% of users find it useful
General Principles of Law in the Eu
Read TextPreview

Extract of sample "General Principles of Law in the Eu"

Download file to see previous pages It has been said that there were two main aspects for achieving a common market; the first being "negative integration" which required removal of existing barriers and the second requiring "harmonization" of rules so as to be in compliance with the set community rules which require positive steps so that the products can move freely within the EU this is known as positive integration1.
When making an analysis of free movement it is necessary to differentiate between monetary barriers which are illustrated under Art 23-25 or under Article 90, which is discriminatory taxation and other barriers which do not deal with charges which are covered under Article 28-30.
There have been at time quantitative restrictions which have restrained either the quantity of exports or imports. A restriction can take the form of a ban, quotas, or the requirement of obtaining licenses.
For the purpose of ascertaining what a good is the ECJ stated in Commission v. Italy2 that the provisions of free movement of goods applied to any produce which can be valued in money and can form the basis for a commercial transaction. It can be clearly stated from the fact that Synthostein is a good and so the provisions for free movement of goods do apply to it.
By the facts it can be said that there has been a quantitative restriction placed by Loamshire Borough Council on the import of Synthostein and so Art28 will be discussed along with its interpretation to the facts.
Article 28 states that 'quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between member states'.
In Geddo v Ente Nazionale Risi3 quantitative restrictions was said to be total or partial restriction on imports, exports or goods in transit. This tends to include a complete ban. (Commission v. Italy (Re Ban on Pork and Imports)4. It also includes quotas as stated in Salgoil SpA v. Italian Ministry for Foreign Trade5. Furthermore, even if it is found that the ban on imports is only on a certain or part of the member state, it would still be classified as a quantitative restriction. This was illustrated in the Ditle v. Bluhm6e case where a prohibition on import by Danish on a small island named Laeso of bees or reproductive material was found to be a quantitative restriction even though it was only for the island and for the purpose of protecting the Laeso brown bee.
In order for the Article 28 to be applied it has been found necessary that a state measure should have been taken. This is what was found in the case of Commission v. Ireland 'Buy Irish' 7where it was found that the Irish Goods Council had the involvement of the state in the appointment of its Managing Committee and that it was run on state funding. However it has been seen that measures taken by state have been interpreted in the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“General Principles of Law in the Eu Essay Example | Topics and Well Written Essays - 5000 words”, n.d.)
General Principles of Law in the Eu Essay Example | Topics and Well Written Essays - 5000 words. Retrieved from
(General Principles of Law in the Eu Essay Example | Topics and Well Written Essays - 5000 Words)
General Principles of Law in the Eu Essay Example | Topics and Well Written Essays - 5000 Words.
“General Principles of Law in the Eu Essay Example | Topics and Well Written Essays - 5000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF General Principles of Law in the Eu

EU law

...?EU law Introduction Article 189 of Treaty of Rome provides for a directive of the European Union to be binding on Member s with flexibility have their legal text of their transposition according to their national peculiarities. In other words it can be so worded so as to be compatible with their national legislation. The aim of a directive is achieve the substance rather than the form. Thus, Member States are free to achieve the end-result required by a directive in suitably incorporating in their national laws.1 Case discussion with relevant legal principles Although the employer has allowed rest period 10 minutes as permitted in Estate Facilitators Act 1965 as against...
7 Pages(1750 words)Essay

EU Law

...state. The ECJ properly ruled that the action undertaken by the legislating State is a usurpation of a sovereign act. The opinion of the Advocate General in the Van den Burg is worth repeating—extra-territoriality should not be recognized as a policy since it is an issue solely addressed to the discretion of the Member States under the principle of mutuality. Thus, it is necessary for the promulgating Member State to procure the consent Member States to implement a more strict policy or standard. On its own, Sagoland does not have legal grounds to say that it is empowered to protect the animals that are from another member state since there is no report that the farm animals are treated below the...
20 Pages(5000 words)Essay

EU law

...? EU LAW –AN ANALYSIS Problem A In European Union, the most important legislative instruments are regulations and directives. A regulation is a general rule that is obligating upon member nations in whole and is directly applicable to all member states. Obligating in whole connotes that the member states has no preference as to method and form. On the other hand, directives are general rule, but they are binding as to their result. For each member state, it is expected, a directive is obligating as to the outcome to be accomplished. As to the choice to method and form, the institutions of the member states can exercise their power. There is less clarity about their direct...
11 Pages(2750 words)Assignment

EU law

..., Nergelius, J & Cardner, C, 2007, General Principles Of EC Law In A Process Of Development: Reports From A Conference In Stockholm, 23-24 March 2007, Organized By The Swedish Network For European Legal Studies, Kluwer Law International, Brussels. Berry, E & Hargreaves, S, 2009, European Union Law, Oxford university press, oxford. Chalmers, D, Davies, G & Monti, G, 2010, European Union Law: Cases And Materials, Cambridge University Press, Cambridge. Craig, P & de Burca, G, 2007, EU Law: Text, Cases, Materials, oxford university press, oxford. Hartley, T, 2007, The Foundations Of European Community...
3 Pages(750 words)Essay


...the union has a directive on the right of the citizens of the union to move freely within the member states, Antoine has full right to exercise his right to be employed by the restaurant in London. All these parties after their rights have been infringed by the decision of the national authority as for Claude and Marie, and by fellow citizens as for Antoine, they have to seek redress first by appealing through the means provided by its national legislation. The EU law on free movement of workers can be invoked in national proceedings before the national authorities and courts. In a related scenario, Case C-434/09 McCarthy v Secretary of State for the Home Department Ms McCarthy, a citizen of the United...
10 Pages(2500 words)Essay

Critically appraise the relevance of general principles of EU Law, such as the principles of proportionality or non-discriminati

...? Case Scenario Due Effective enforcement of law is critical to the success of any legal system. Indeed, for anylegal system to function effectively, it is important that the enforcement of that law be effective. To this end, the European Union is predominantly reliant on the ability of its Member States to enforce EU law. As it is, the EU Member States and their administrative or judicial authorities are delegated with guaranteeing compliance with the Union law and approving infringements. This paper discusses the relevance of the general principles of EU Law, such as...
14 Pages(3500 words)Essay

EU Law

...?EU Law: Katisa and Elijah The main issues for Katisa and Elijah are the free movement of goods, services and people within the single market of the EU and EU law relating to the direct effect of the Directive. Katisa’s issues falls more broadly within the EU’s general prohibition against quantitative restrictions in support of a single market.1 As Kennedy argues, the free movement of goods is “one of the principle features of the EU.”2 The law relating to quantitative restrictions is contained in Articles 34-36 of the Treaty on the Functioning of the European Union...
3 Pages(750 words)Coursework

EU Law

...other commercial organisation importing clementines. The applicant could not show that it was specifically discriminated against. However, in Cordorniu although the Court of Justice held that the Regulation was generally applicable the applicant was successful as it was able to show an infringement of its trade mark rights which the Regulation would have overridden. Therefore it is submitted that in view of the fact that the Regulation is generalised in its application and that neither party can show direct discrimination, their application(s) must fail. Bibliography Craig, P and De Burca G, (2002), EU Law, Text, Cases and Materials, OUP Charles and Dilshad: Case-C188/89 A Foster...
10 Pages(2500 words)Essay

EU law

...or administrative action) or practice attributable to a Member State which they consider incompatible with a provision or a principle of Community law.” (Exercise Your Rights. (2008). Conditions of direct effect of directives: Therefore considering the First part of the question, it could be well within the prerogatives of EU laws for the members of the gardening club (directly affected) and the local residents (indirectly affected) to bring action against UK government for violation of deemed European Commission directives. According to conditions of direct effect of directives: 1. The clauses of the wordings need to be clear and cogent. This has been satisfied by...
9 Pages(2250 words)Essay

EU Law Fundamental Principles of EU Law

...not having passed for implementation. This case involved prosecution of Mr Ratti by the Italian Authorities for breaches of national law concerning product labelling and whilst Mr Ratti had complied with two Directives, the expiry for implementation of one had not passed and the court asserted he could only rely the Directive for which the implementation time period had expired provided it was unconditional and sufficiently precise, but not for the Directive whose time period hadn’t expired. In highlighting the right to rely on Directives in national courts, the ECJ asserted in the paragraph 1 summary that “consequently, a member state which has not adopted the implementing measures required by the Directive in the...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic General Principles of Law in the Eu for FREE!

Contact Us