The Free Movement Of Goods

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It is obvious that the free movement of goods is fundamental to the achievement of the European Union(EU)’s aims and the Court of Justice of the EU (ECJ). It is an economic ideals to create a single trading block in which all factors of goods to flow freely. As it is one of the success stories in the EU’s project where most major restriction on the free movement of goods have been removed. The availability of such derogation is a recognition that the need to ensure the creation and maintenance of the internal market, allowing state regulation and the aim of free movement of goods to be reconciled. Hence, ECJ has taken the stance that national rules must not be allowed state regulation to hinder the free movement of goods, as interpreting…show more content…
However, the court usually finds that labelling provides the consumer with sufficient information and protection, and is a lesser hindrance to trade.The court held in Keck that these are generally not restrictions on imports, as long as they do not have a greater effect on imports than on domestic products. But Keck is criticised by many because even if selling arrangements do not have an unequal effect, they may still have the effect of hindering trade, by making marketing more difficult.Article 34 only applies insofar as measures affect imports. If states wish to burden domestic producers with heavy regulation this is a matter of purely national law. However in exceptional situations stricter regulation of domestic production may actually give it a reputational advantage and so be a hindrance to imports. These ‘measures of equivalent effect’(MEQRs) result in imports being reduced just as if there was in fact an explicit limit. First the MEQR produces its import reducing effects by a more or less indirect path. That can make causation difficult to establish. ECJ has dealt with this by drawing broad-brush distinctions of convenience . Second problem is to decide whether article 34 is about combating rules with a protectionist effect, or about deregulating economic activity.These are measures which cannot be easily captured by the Cassis definition of a product rule or the Keck definition of a selling

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